Consideration of protective legislation on family and residential care for older persons in Hong Kong

Older persons, like all members of any society, have the right to be free from mistreatment at family care and residential care. Furthermore, older persons are the special collectiveness, different from children or other adults, so elder abuse or neglect is a more complicated issue. Protective legislation aiming at protecting older persons from possible mistreatment as one of the various intervention approaches is essential. By analyzing the pros and cons in applying the legislation on institutional care (i.e. family and residential places) in Hong Kong, for three case examples, plus referencing to China’s experience, the goals and contents of the legal response to elder mistreatment are deduced. Legislative council should enact the comprehensive elder protective legislation not only addressing elder mistreatment but also protecting other older person’s rights, and build the fully-functioning protective services program.