04.05.04.02. Does the legal system place the responsibility of older parents directly on their offspring (either in the law or specifically in various policies)? | Hong Kong SAR

04.05.04.02. Does the legal system place the responsibility of older parents directly on their offspring (either in the law or specifically in various policies)? | Hong Kong SAR

19 Aug 2022

There is no dementia-specific or universal legislation and policy pertaining to place the caregiving responsibility of older parents directly on their off-spring in Hong Kong. The filial responsibility law was proposed by the Provisional Legislative Council in 1998, but it was voted down due to the lack of support from older parents who were concerned about affecting family harmony (Ting et al., 2009). There is controversy on enacting filial support legislation to share the burden of care for older dependent people between the Government and their adult children. Currently, a person would have salary tax deduction through Dependent Parent and Dependent Grandparent Allowance and Elderly Residential Care Expenses for giving support to a parent or grandparent (Inland Revenue Department, 2020, February). Although the process of industrialisation and urbanisation might decrease the availability of family care, family members are still the major care providers for older people in Hong Kong (Sum et al., 2001).

References:

Inland Revenue Department. (2020, February). Salaries Tax / Personal Assessment.  Retrieved from https://www.ird.gov.hk/eng/pdf/pam61e.pdf.

Sum, Y., Chou, K.-l. J. A. P. J. o. S. W., & Development. (2001). Filial support legislation in Hong Kong: A sensible and practical policy? , 11(1), 131-140. https://doi.org/10.1080/21650993.2001.9755852

Ting, G., Woo, J., To, C., Woo, J. J. A. J. o. G., & Geriatrics. (2009). Elder care: is legislation of family responsibility the solution. 4(2), 72-75. Retrieved from https://hkag.org/Publications/AJGG/V4N2/OA2009-62.pdf