New spark for debate on mercy killing

Whether Hong Kong should legalize euthanasia is back in the spotlight after a High Court Judge sentenced a retiree to 12 months' probation over the mercy killing of his cancer-stricken wife.

Former electrician Kwok Wai-yin, 58, had been remanded in custody for two-and-a-half years.

Justice Albert Wong Sung-hau said the tragic case raises the issue of whether the will of terminally ill people can be protected by law, which should be considered and discussed by the government and society.

Kwok pleaded guilty to manslaughter after he killed his 54-year-old wife by burning charcoal at their Ap Lei Chau home in January 2020. He turned himself in on the same day, telling police he had killed his wife to "cease her pain."

In sentencing yesterday, Wong said there was no doubt that the manslaughter was a result of Kwok's love for his wife, who he had been married to for over 30 years. He added that Kwok also suffered from severe depression at the time.

"The defendant's act had clearly shown that he hoped his wife could leave peacefully and he believed his wife could gradually be released from all kinds of pain," Wong said.

Still, he said the law protects lives and any method to deprive someone of their life should be punishable, despite saying Kwok was also a victim as a caretaker.

Considering Kwok had pleaded guilty and had been remanded for more than two years, Wong believed he would not pose threat to society. Wong sentenced him to 12 months of probation.

Wong said caretakers of terminally ill patients have been facing different challenges. He said many of the patients want to live with dignity and stay at home to spend their final days.

"We can imagine if caretakers could really help these desperate patients," Wong said, adding that the tightening visitor arrangements amid the pandemic had brought more challenges.

Kwok's wife was diagnosed with stage-four lung cancer in October 2018, and Kwok left his job to take care of her.

On January 30, 2020, Kwok told his wife he could "send her away" if she could not bear the pain and burned charcoal in the bedroom after his wife nodded her head.

Kwok had once told police he hoped euthanasia could be legalized in Hong Kong.

Barrister Albert Luk Wai-hung told The Standard Kwok was convicted of manslaughter instead of murder as he had suffered from severe depression at that time and that he may have been affected by emotion to commit the crime.

"To say one is convicted of murder, we have to show that one has a specific intent to kill someone," Luk said. "Unfortunately euthanasia is not legal in Hong Kong. No matter how miserable the cases are, it is still against the law."

He said the government should caretakers facing challenges. He added: "This is not a legal problem, but a social problem. We cannot say the government has no support for these caretakers, but it is not comprehensive and not enough."

A spokesman from the Social Welfare Department said the department has been providing assistance to families in need through different service units, including case counseling and clinical psychological services, to help them deal with or resolve their emotional and life problems.

eunice.lam@singtaonewscorp.com

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