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VIDEO · 29 OCTOBER 2026

How Does Hong Kong Handle Mental Capacity Issues? (Video)

Anthony Gold Solicitors LLP
Anthony Gold Solicitors LLP
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Anthony Gold Solicitors LLP

Anthony Gold Solicitors LLP

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Alexandra Knipe interviews Sherlynn Chan, Partner at Deacons in Hong Kong, exploring how Hong Kong's Mental Health Ordinance approaches mental capacity issues through committee appointments and guardianship regimes. They examine key differences between Hong Kong and England & Wales systems, from medical assessments and supervision requirements to the scope of powers granted to those managing vulnerable clients' affairs.

Hong KongFamily and Matrimonial
Alexandra Knipe
Alexandra Knipe
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How does Hong Kong handle mental capacity issues?

Summary

In episode 1 of our International Court of Protection series, Alexandra Knipe speaks with Sherlynn Chan, Partner at Deacons in Hong Kong, about how Hong Kong supports people who lack mental capacity. Under the Mental Health Ordinance (Cap. 136), the court appoints a committee to manage the financial affairs of a mentally incapacitated person, while a separate guardianship regime covers welfare decisions. They compare this with England and Wales, from how incapacity is proven to how those appointed are supervised.

Key takeaways

  • Hong Kong requires two doctors, one of them an approved doctor, to confirm incapacity. England and Wales requires one assessment.

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