LCQ20: Enforcement and promotion of "three instruments of peace"
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Question:
The Government has been encouraging the public to plan ahead for their personal finances and healthcare, including by making a will, an enduring power of attorney (EPA) and an advance medical directive (AMD) - collectively known as the "three instruments of peace" (IOP) - which enable them to make advance arrangements regarding asset management, estate succession and their medical wishes. However, there are views that currently IOP are still littered with obstacles in terms of legal thresholds, registration mechanisms, public awareness and enforcement. In this connection, will the Government inform this Council:
(1) of the details of subsequent work, the latest progress and the legislative timetable in relation to the public consultation launched by the Government in 2017 on the Continuing Powers of Attorney Bill, which recommended the extension of the scope of an EPA to cover not only decisions on a donor's property and financial affairs, but also decisions on a donor's personal care;
(2) whether it will explore establishing an official voluntary registration system under strict privacy protection for members of the public to register wills, EPAs and AMDs, and allowing, under specified conditions, medical institutions and designated legal practitioners to have limited access to the records in emergency situations to verify the validity of documents and streamline the authentication process; if so, of the timetable for the relevant study; if not, the reasons for that;
(3) of the public education resources and channels, as well as target audiences, for the Government's ongoing promotion of IOP; whether it has assessed the current public recognition rate of IOP and stepped up publicity targeting the elderly, families and owners of small and medium enterprises to boost the penetration rate; if so, of the details; if not, the reasons for that;
(4) given that currently many Hong Kong people hold cross-boundary assets, and there are views suggesting that even where an EPA and a will have been executed, difficulties in authentication are often encountered at the time of their enforcement, whether the Government will consider, under the co-operation framework of the Guangdong-Hong Kong-Macao Greater Bay Area, exploring arrangements for cross-boundary mutual recognition of relevant instruments such as EPAs and wills; if so, of the details; if not, the reasons for that; and
(5) as asset types are becoming increasingly diverse, including virtual assets and interests in overseas special purpose vehicles, whether the Government will examine the relevant legislation to clarify the scope of management authority covered by EPAs in respect of these new types of assets, so as to ensure that asset arrangements made by members of the public can be implemented smoothly?
Reply:
President,
A will, an enduring power of attorney (EPA) and an advance medical directive (AMD), commonly known as the "three instruments of peace", are three important legal documents. Their legal bases are the Wills Ordinance (Cap. 30) and the Probate and Administration Ordinance (Cap. 10), the Enduring Powers of Attorney Ordinance (Cap. 501) (EPAO), and the Advance Decision on Life-sustaining Treatment Ordinance (Cap. 651) (ADLSTO) respectively. A will is used to express a person's wishes regarding the distribution of his or her property after death; an EPA allows a donor, while mentally capable, to appoint an attorney so that the attorney may continue to manage the donor's financial affairs if the donor subsequently becomes mentally incapacitated; and an AMD enables a mentally capable adult to indicate in advance the life-sustaining treatments that he or she wishes to refuse when he or she subsequently becomes mentally incapable and when the specified preconditions set out in the AMD are met.
In respect of the Hon Nixie Lam's questions, having consulted the Department of Justice (DoJ), the Health Bureau (HHB), the Home and Youth Affairs Bureau (HYAB), the Culture, Sports and Tourism Bureau and the Innovation, Technology and Industry Bureau, my consolidated reply is as follows:
(1) The Law Reform Commission (LRC) published the report on "Enduring Powers of Attorney: Personal Care" in July 2011 (2011 Report), which recommended extending the scope of an EPA to cover not only a donor's property and financial affairs, but also matters relating to a donor's personal care (including day-to-day health care). The DoJ set up an inter-departmental working group to study the LRC's recommendations and launched a public consultation on the draft Continuing Powers of Attorney Bill in December 2017. The DoJ briefed the Legislative Council Panel on Administration of Justice and Legal Services (AJLS Panel) on the consultation in January 2018. Thereafter, the Government reported annually to the AJLS Panel on the progress of implementation.
Having taken over this subject from the DoJ in 2022, the Labour and Welfare Bureau (LWB) has reviewed the LRC's recommendations and considered that there was no pressing need to amend the law to extend the scope of EPAs, and reported this to the AJLS Panel. The considerations included: (i) where a donor has already made advance arrangements covering "personal care matters", these generally involve the use of the donor's income or capital, which already fall within the scope of an EPA under the EPAO; (ii) there are now more financial products in the market that cover personal care (e.g. medical insurance products), which assist donors in deciding in advance how their income or capital should be applied to personal care matters within the existing scope of an EPA; and (iii) the recently commenced the ADLSTO has already provided a legal basis for patients to make advance decisions relating to life-sustaining treatment, including AMDs and Do-Not-Attempt Cardiopulmonary Resuscitation orders. As persons who intend to make an EPA are usually financially better off, the Government has no plan from a welfare perspective to implement relevant recommendations of the LRC's 2011 Report at this stage, but will consider the need for further review in due course.
(2) The Government reviews and explores from time to time the feasibility of providing electronic services, including establishing an official voluntary registration system. Regarding wills and EPAs, relevant proposals involve complex legal and policy issues spanning a number of ordinances, including questions relating to the interpretation and application of the Probate and Administration Ordinance, the Non-Contentious Probate Rules (Cap. 10A), the Wills Ordinance, the EPAO and the Electronic Transactions Ordinance (Cap. 553). The Government needs to carefully study the feasibility of the proposals from legal and practical operational perspectives.
Regarding AMDs, the Government is implementing the electronic services in phases. The Secretary for Health has specified eHealth as the designated electronic system to enable members of the public to make, store and revoke AMDs electronically. The first-phase arrangements were implemented concurrently with the commencement of the ADLSTO. Persons who have already made a paper AMD (i.e. the makers) may seek the assistance of a registered medical practitioner to verify that the paper directive complies with the requirements of the ADLSTO and upload it to eHealth, so that healthcare professionals may access the electronic version immediately when needed, thereby obviating the need for the makers to carry the paper version. An electronic AMD carries the same legal effect as a paper AMD. Members of the public may continue to make and keep AMDs in paper form. The second phase will enable the electronic making of AMDs through eHealth, which is expected to be implemented in 2027 at the earliest.
(3) To break the taboo surrounding death, foster a more positive attitude towards life and death, and raise public awareness of arrangements such as wills, EPAs and AMDs, the relevant departments have been actively promoting life-and-death education and the "three instruments of peace".
The HHB has been promoting public education activities on end-of-life care planning and life-and-death education in the community through a medical-social collaboration model, with a view to enhancing public understanding of issues such as advance care planning (ACP), AMDs and end-of-life care. For example, the Visiting Health Teams of the Elderly Health Service under the Department of Health (DH) provide health education on ageing, life-and-death education, loss and grief management, and psychological needs of patients needing end-of-life care. These health talks are conducted in residential care homes for the elderly, elderly community centres and Elderly Health Centres for elderly persons and their carers. Between 2025 and September 2026, the DH's Elderly Health Service organised more than 450 related health talks, with a cumulative attendance of over 9 900 elderly persons and their carers. The Hospital Authority (HA) also operates the "Smart Patient Website" providing diversified information on palliative care, and has launched the "Smart Patient" talk series to introduce concepts such as ACP and AMDs to patient groups and the public. In this connection, the "Smart Patient Series" held four life-and-death education sharing sessions between 2025 and September 2026 under the theme "Journey Together in the Last Voyage", covering topics such as how to make ACPs and AMDs, bereavement and grief management, end-of-life care for terminally ill patients and preparation for dying-in-place. The total number of on-site and online participants exceeded 2 100. In addition, various hospitals in the HA organised more than 50 educational seminars and talks between 2019 and 2025. Moreover, the HHB has established collaborative networks with relevant government departments and social service organisations. Notably, the two end-of-life care service projects launched by the Hong Kong Jockey Club Charities Trust, namely the Jockey Club End-of-Life Community Care Project (JCECC) and the JCECC: Unison, collaborate with universities and various non-profit-making organisations to enhance public understanding of end-of-life care (including AMDs) through talks, online learning platforms and seminars.
The Hong Kong Public Libraries collaborate with organisations to organise talks on life-and-death education every year, covering various topics including the "three instruments of peace". The Social Innovation and Entrepreneurship Development Fund has also subsidised ventures related to life-and-death education and the "three instruments of peace".
On the promotion of will-making, the HYAB continues to enhance public understanding of matters related to wills through various channels, including the distribution of a new thematic leaflet prepared in 2025 at the Home Affairs Enquiry Centres and the Estate Beneficiaries Support Unit of the Home Affairs Department. The leaflet introduces what constitutes a valid will, the contents that a will may cover, and the benefits of making a will. In addition, the HYAB uploads relevant articles onto the Family and Women Portal to introduce and promote the related information. The HYAB will continue to use different channels to enable more members of the public to understand the benefits and importance of making a will.
On the promotion of EPAs, the DoJ provides practical details relevant to EPAs and promotes the use of EPAs through radio programmes and an Announcement in the Public Interest. In addition, the DoJ sponsored the Community Legal Information Centre website of the University of Hong Kong to prepare content on EPA-related topics.
(4) and (5) The Government understands that it is increasingly common for Hong Kong residents to hold cross-boundary assets (particularly in the Mainland); however, as the HYAB pointed out in its earlier reply to a relevant question raised in the Legislative Council, there are certain differences between the two places in probate mechanisms and succession procedures. Regarding the notarisation for Hong Kong wills in the Mainland, in general, an individual has to follow the notarisation procedures in the Mainland and provide the necessary materials (such as identification documents of the applicant, documents required to be notarised such as will) to prove that the applicant is a qualified executor of the estate, and prove the legality of the relevant documents. In the event that the estate in Hong Kong has to be dealt with on the basis of a Mainland will, the relevant documents must first undergo notarisation and authentication procedures in the Mainland before they can be submitted to the Probate Registry in Hong Kong. Cross-boundary mutual recognition arrangements are not straightforward; the Government will monitor the relevant situations and in due course explore arrangements that may facilitate members of the public.
Under the EPAO, a donor must specify in the prescribed form the particular matters, property or affairs that the attorney is authorised to deal with. The EPAO does not list specific categories of assets under "property and financial affairs" but covers them in a general manner. As the legal effect of an EPA granted under the EPAO is in principle limited to within Hong Kong, arrangements for dealing with Mainland assets should be made in accordance with the relevant systems and procedures under Mainland law as necessary. Where virtual assets or interests in overseas special purpose vehicles are involved, professional legal advice should be sought.
Ends/Wednesday, November 4, 2026
Issued at HKT 12:05
Issued at HKT 12:05
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