Advance Medical Directives in Hong Kong
Hong Kong AMD law: Cap. 651 is in force
- The main provisions of the Advance Decision on Life-sustaining Treatment Ordinance (Cap. 651) took effect on 31 July 2026. The Ordinance establishes a statutory framework for advance medical directives (AMDs) and DNACPR orders. An AMD records an adult’s advance refusal of specified life-sustaining treatment, applying when the person lacks the relevant decision-making capacity and the specified clinical preconditions are met. It is not a general healthcare proxy and is separate from a financial enduring power of attorney. Discuss treatment choices first with a doctor familiar with your condition.
Clear instructions and clinical preconditions
An AMD specifies the life-sustaining treatments refused and the clinical circumstances in which the instructions apply. It cannot refuse basic care or palliative care. Statutory model forms are available; other forms must still meet the legal requirements. Medical explanations and valid witnessing are essential.
Discuss your wishes and make documents accessible
An AMD is part of advance care planning with your family and healthcare team. Make sure relevant professionals can locate and recognise your current document. A DNACPR order is a separate clinical order; discuss with your doctor whether one is appropriate. Existing directives should be reviewed for compliance with the current statutory framework.
Advance Medical Directive Questions
Advance medical directives: current Hong Kong law
The main provisions of the Advance Decision on Life-sustaining Treatment Ordinance (Cap. 651) took effect on 31 July 2026. Hong Kong now has a statutory framework for AMDs and DNACPR orders.
What does an AMD do?
An adult who has the relevant mental capacity may record an advance refusal of specified life-sustaining treatment. The instructions apply when the person lacks the relevant decision-making capacity and the specified clinical preconditions are met. An AMD is not a general healthcare proxy and cannot refuse basic or palliative care.
Who must witness it?
Signing requires at least two eligible witnesses, including a Hong Kong registered medical practitioner and another adult. Interested persons are excluded. The doctor must explain the directive and its effects and assess the relevant mental capacity. A solicitor is not invariably required as the second witness.
How does it differ from a DNACPR order?
An AMD records the patient’s advance decision. A DNACPR order is issued by doctors under the statutory requirements, having regard to the patient’s clinical condition. They are distinct instruments. Discuss with your healthcare team whether both are appropriate.
What about old documents and electronic records?
Pre-existing AMDs may remain valid if they satisfy the applicable requirements. Ask your doctor to review them. Pre-commencement DNACPR orders must be replaced with the current prescribed forms. Paper AMDs remain available; electronic storage is voluntary. Do not assume an online form alone completes valid execution.
Can I revoke an AMD?
While mentally capable of the relevant decision, you may revoke it by the statutory methods, including writing or a verbal expression before an adult witness. Address paper documents, electronic records and certified copies and inform your healthcare team.
How can YTT help?
We explain legal requirements and document arrangements. A doctor familiar with your condition should explain medical implications and clinical applicability. Fees and timing depend on the arrangements required.
Official sources: Health Bureau guidance and forms; Cap. 651; 31 July 2026 commencement announcement.
Compare wills and enduring powers of attorney. Legal enquiries: Michelle Liu, Solicitor, Yip, Tse & Tang or WhatsApp +852 6536 6666.
Content updated: 20 October 2026. General information only; individual medical and legal advice is required.