Lawmakers have called on the government to end the confusion over who has the power to let doctors examine mentally disabled people who have been the victims of sex crimes.
The call for clarification comes amid conflicting views arising from a legal grey area that may be allowing sex attackers who rape and molest mentally disabled women to escape justice.
Legislators have taken up the cause after the Sunday Morning Post revealed that the law was unclear as to whether the legal guardian of a mentally disabled person has the authority to give approve for a medical examination if that person has been raped.
Even the Guardianship Board - which can appoint guardians for adults incapable of making decisions - said giving someone the power to give consent was 'out of its scope'.
In a letter to Philip Beh Swan-lip, professor of pathology at the University of Hong Kong, in November, the Guardianship Board suggested Dr Beh seek advice from the police, the Hospital Authority and the Social Welfare Department.
The Health, Welfare and Food Bureau, which overlooks the Mental Health Ordinance, has confirmed that a guardian granted that power by the board could give consent if the examination was in the victim's best interests.
