Hunger Strikes and Forced Feeding in Hong Kong Law

Prompted by a recent decision in the Hong Kong Court of First Instance, the author considers the legal position of a pregnant woman on a hunger strike. Medical treatment cases demonstrate that the courts favour the principle of freedom to refuse treatment, even where the patient is pregnant, although the results in the cases have, as a practical matter, been inconsistent. Case-law concerning congenital disabilities actions against the mother may offer some guidance. In the author's view, the resolution of cases involving a hunger-striking pregnant woman cannot ignore the rights of the foetus, and will require a delicate balancing of the duty of care owed by the mother to the unborn, and the human rights of the mother on whom the duty falls