香港法律中医疗事故过失判定问题研究

医疗过失是医疗事故赔偿责任成立的一项关键要件。由于医疗事故案件的案情纷繁且涉及复杂的医学专业知识，如何判定医疗机构或医务人员的过失成为法院必须面对的棘手问题。本文围绕香港法律中医疗事故的过失判定问题。考察其医疗过失的标准、医疗过失的一般判定方法和特殊判定方法（即鲍勒姆判定方法）和与医疗过失证明相关的事实自证法则，以期为我国的司法实务和学理发展提供比较法意义上的参考。     

香港法律中医疗事故过失判定问题研究

医疗过失是医疗事故赔偿责任成立的一项关键要件。由于医疗事故案件的案情纷繁且涉及复杂的医学专业知识,如何判定医疗机构或医务人员的过失成为法院必须面对的棘手问题。本文围绕香港法律中医疗事故的过失判定问题,考察其医疗过失的标准、医疗过失的一般判定方法和特殊判定方法(即鲍勒姆判定方法)和与医疗过失证明相关的事实自证法则,以期为我国的司法实务和学理发展提供比较法意义上的参考。     

Substance use disorders in forensic psychiatric patients

There is a lack of detailed information on the role of substance use disorders (SUD) as a substantial factor in offences and treatment in forensic psychiatric patients. The aim of this study was to get a better understanding of these specifics. Clinical records of 193 male patients admitted to a Dutch forensic psychiatric hospital were scrutinized on anamnestic, diagnostic and risk assessment data. One of the central findings was that the prevalence of SUDs was high. Patients with an SUD had a more extensive criminal history, unstable and deviant lifestyle and higher risk of violent behavior than patients without a substance use disorder. No differences were found in duration of treatment, aggressive incidents and leave. Another important finding was that a distinction could be made between patients with substance use as a primary criminogenic risk factor and patients with substance use as a secondary risk factor. Although substance use is identified as a general risk factor, this study supports the idea of sub categorization of patients with an SUD and emphasizes the need for a different treatment approach. Further study is needed to identify specific treatment approaches, based on more differentiated profiles of these patients.     

Profile of forensic state patients at a psychiatric unit in KwaZulu Natal,South Africa: demographic,clinical and forensic factors

State patients are mentally ill offenders whose charges involved serious offences. Research on association between psychiatric morbidity and offences is important however data from Southern Africa is limited. To examine the demographic, clinical and forensic characteristics of state patients, and to evaluate the determinants of offending by an investigation of the association between mental illness and other variables (offence, comorbidity). Retrospective record review of state patients admitted to a forensic unit in KwaZulu-Natal from the 1 June 2013 to the 31 May 2016. Most patients were male (n = 90, 98.90%), single (n = 89, 97.8%), unemployed (n = 89, 97.80%) and had a diagnosis of intellectual disability (n = 33, 36.26%). Majority of participants had comorbid diagnoses (n = 70, 76.92%) and most of them (n = 52, 57.14%) had substance use disorder. Forty (43.96%) patients had past forensic history and 18 (72.5%) were non-adherent with treatment. Offences were predominantly against persons (n = 80, 87.91%), and rape was the most common offence (n = 50, 54.95%). Findings regarding diagnosis and offence were not consistent with the literature and suggest the need to explore the differences further. A better understanding of the association between mental health and crime in resource restrained settings may assist in developing appropriate prevention and rehabilitation programmes.     

Victims and families of violent psychiatric patients

Previous studies that have addressed the issue of violence committed by psychiatric patients have primarily been concerned with determining the incidence of violence and defining the characteristics of the offenders. This study addresses the issues of who are the likely victims when psychiatric patients are violent and what are the situational and interpersonal factors that relate to this violence. Medical records of 300 patients admitted to a locked university-based short-term treatment unit were extensively reviewed to assess the presence or absence of preadmission violence. Fifteen percent of the 300 patients assaulted another person within two weeks prior to admission. Fifty-four percent of the violent patients assaulted a family member. There were no differences in demographic characteristics between violent patients who assaulted a family member and violent patients who assaulted someone outside the family, except for with whom the violent patient was living at the time of the assault. Patients who assaulted a family member were significantly more likely to live with family than were patients who assaulted someone outside the family. Sixty-four percent of the patients who assaulted a family member planned to return home to their family after discharge. We identified four types of families within which patients assaulted family members: multiple mental illness families, multiple violent families, delayed help-seeking families, and prompt help-seeking families. The implications of our findings for prevention of future violence are discussed, including the issue of outpatient civil commitment.     

The impact of forced forensic psychiatric confinement on composition and structure in the personal networks of personality-disordered forensic psychiatric patients

This study explored to what extent the composition and structure of personal networks of personality-disordered forensic psychiatric patients changed before and after forced confinement in a forensic psychiatric centre. Semi-structured in-depth interviews with 36 patients and selected members of their networks were examined. During forensic psychiatric treatment, patients reported a decrease in network size, in the number of high-risk network members, and in the number of social ties between these high-risk network members. Personal relationships were of shorter duration, with lower levels of contact frequency and reciprocity. No changes were observed in the patients’ companionship, practical and emotional support networks. During forensic psychiatric treatment, patients reported some new relationships, especially with persons outside the forensic psychiatric centre. Information on compositional and structural personal network factors over time helps forensic mental health professionals to properly assess and manage the important dynamic social network conditions associated with recidivism.     

Assaultive behavior in state psychiatric hospitals: differences between forensic and nonforensic patients

Forensic patients are occupying an increasingly large number of beds in state psychiatric hospitals. The presence of these mentally ill offenders has raised concerns about the risk they present to nonforensic patients. This study compared the rate of assaults and factors associated with assaultive behavior among 308 nonforensic patients and two groups of forensic patients including 469 patients found not guilty by reason of insanity and 76 pretrial patients. Consistent with other studies, nonforensic patients had higher rates of assaults than either group of forensic patients. However, being a forensic patient did not affect the odds of assault when controlling for the effects of demographic and clinical variables in a multivariate logistic regression analysis. Factors associated with assaults in each of the three patient groups were identified using multivariate analyses. Implications are presented for treatment of assaultive behavior, mixing of forensic and nonforensic patients within state hospitals, forensic release policies, and future research.     

Understanding motives for aggression in forensic psychiatric patients: a preliminary study

The primary aim of this study was to explore motivations underpinning aggression among men detained within conditions of high security. Thirty men residing at a high secure psychiatric hospital completed self-report measures, including the Aggression Motivation Questionnaire, Revised EXPAGG and Barratt Impulsiveness Scale-IIr. The Historical items of the Historical, Clinical and Risk-Management (HCR-20) and the Psychopathy Checklist-Screening Version were rated. A subsample of participants agreed to complete a functional assessment on an aggressive incident that had occurred during their placement (n = 9). Increased psychopathy and impulsivity, and the presence of historical risk items were predicted to associate with higher levels of both aggression motivation and beliefs supportive of aggression. Young age at first violent incident and personality disorder related positively to aggression motivation. Thematic analysis conducted on the functional assessments identified social recognition, emotion regulation, communication and protection as functions underpinning aggression. Results are discussed with regards to their implication for violence treatment and assessment, with a focus on motivation recommended.     

Anti-triad legislations in Hong Kong: issues, problems and development

One way to tackle triad societies is through effective legislation. The present article first describes and reviews the legislation dealing with triad activities in Hong Kong – The Societies Ordinance – and highlights the main issues and problems. Four issues are discussed, namely ambiguity in the definition of triad membership, doubtful neutrality of triad experts, outdated triad-related literature cited in the court, and the contradiction with human rights and freedom of expression. The article further examines the effect of the ordinance in suppressing triad activities and argues that the law is not very effective in penalizing senior triad members, thus justifying the need for a new legislation to contain the growth of triad activities and organized crime.     

The forensic psychiatric evaluation of mental disorders in diabetic patients

The article deals with the results of investigation of psychic disturbances in 7 patients with diabetes mellitus. Psychic dysfunctions which are important for forensic psychiatric practice (depressions, transitory psychotic episodes at the background of hyperglycemia and pathologic states with consciousness disturbance, psychomotor excitement and incorrect behaviour in hypoglycemic states) were analysed. Characteristics were noted which contributed to diagnosing in patients with diabetes mellitus, the states of temporary morbid mental disorder and choosing correct expert conclusion in relation to persons who committed indictable actions.     

Risk of homicidal behavior among discharged forensic psychiatric patients

We studied the risk of homicidal behavior among 281 released male forensic psychiatric patients during the 14-year period 1978–1991. Released patients were about 300 times more likely to commit a homicide than the general male population during the first year outside hospital, and the corresponding risk was 53-fold during a mean follow-up period of 7.8 years. The odds ratio for committing a homicide among all Finnish schizophrenics during the 12-year period 1980–1991 was 9.7, which indicates that previous criminality associated with schizophrenia also increases the risk of homicidal behavior remarkably when compared with schizophrenia per se. We believe that this kind of epidemiological approach is a useful method of identifying and classifying factors associated with very high risk of homicidal behavior and preventing homicidal behavior among high-risk populations.     

以香港為視角看兩岸四地司法協助制度

随着内地与港澳对一国两制下司法协助新模式的积极探索和2008年以来两岸关系的历史性转折,内地和港、澳、台四地间的司法协助成效显著。尤其是近年来,两岸签署了经济合作框架协议等一系列协议,四地间经济、文化等交流日趋紧密,涉及司法协助的案件整体上增长势头明显,数量上远超国际司法协助案件。2012年人民法院办理涉港文书送达司法协助案件1515件,涉澳文书送达和调查取证司法协助案件81件,较2008年分别上升了38.5%和72.3%。2009年6月25日两岸司法互助协议生效后,当年人民法院办理的两岸司法协助案件数量即突破1000件,此后每年都在6000件以上。四地间司法协助工作的全面开展,既有利于区际司法合作的深入推进,也为四地的融合和经贸关系发展提供了制度保障和动力。本期特选取温嘉明律师关于四地间司法协助制度的文章,梳理区际司法协助的法律基础和发展历程,研讨其取得的成就及尚存的不足。     

Robbery, recession and real wages in Hong Kong

Between 1965 and 1975 Hong Kong experienced a dramatic increase in reported crime. Criminologists have put forward two major explanations for this: 1) modernization (or convergence) theory, and 2) the alleged break-up of the police-triad (Chinese secret societies) alliance following the establishment of the Independent Commission Against Corruption. Data from the 1970s show a remarkably close relationship in Hong Kong between changes in real wages and robbery rates. In this paper we argue that declining wages are related to increased rates of such 'quick cash' crimes, particularly in societies lacking a safety net of unemployment benefits, universal health insurance and income security provisions. The results offer support for this alternative, but admittedly partial, explanation of Hong Kong's rising crime rate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Aggression control therapy for violent forensic psychiatric patients: method and clinical practice

Aggression control therapy is based on Goldstein, Gibbs, and Glick's aggression replacement training and was developed for violent forensic psychiatric in- and outpatients (adolescents and adults) with a (oppositional-defiant) conduct disorder or an antisocial personality disorder. First, the conditions for promoting "treatment integrity" are examined. Then, target groups, framework, and procedure are described in detail, followed by the most important clinical findings during the period 2002 to 2006. Finally, new programme developments are mentioned, with aggression control therapy as a starting point.     

Workplace violence in Hong Kong, China: nature, impact, and preparedness

This article reports a survey of workplace violence in Hong Kong. A sizable number of the 1,198 organizations that were questioned reported that they had experienced such violence over the 2 years preceding the study, but the problem was not prevalent. In both the private and government sectors, nonphysical violence happened more frequently than physical violence, and there was a reported lack of preparedness of many organizations to deal with the violence. Compared with private organizations, government organizations experienced more coworker and customer violence, but more private than government organizations believed that workplace violence caused the loss of key employees and clients. Correlation analysis found that a subculture of workplace violence appears to emerge over time, such that the more customer violence is experienced, the more is coworker violence, and the more the nonphysical violence, the more the physical violence. These findings are discussed with reference to international findings.     

Violent women: a multicentre study into gender differences in forensic psychiatric patients

To gain insight into the relatively small, but increasing group of women in forensic psychiatry, a retrospective multicentre study was started gathering information from the files of 275 female patients of four Dutch forensic psychiatric hospitals on characteristics and violence risk factors. Overall, a picture emerged of severely traumatized women with complex psychopathology with multiple previous treatment failures and many incidents during treatment. The present study investigates specific psychiatric and criminal characteristics of female patients by comparing their data to those of 275 male forensic psychiatric patients. Various prominent differences were found, for example, women had more complex histories of victimization, were more often diagnosed with borderline personality disorder, were more likely to commit homicide and arson and less likely to commit sexual offenses, and were more often involved in inpatient aggression than their male counterparts. Several recommendations for gender-responsive treatment and directions for future research are provided.     

Homicide-suicide in Hong Kong, 1989-1998

This study provides the first systematic research of homicide-suicide (HS) in a Chinese society. Data were drawn from the HK Homicide Monitoring Data-base computer file derived from investigation and death reports held by the HK Police Force and the Coroner's Court. During the 10-year study period, 56 events involving 133 deaths were identified. The majority of offenders were males (75%) and most victims were female (64%). The mean age of offenders and victims were 41.9 and 32.3 years, respectively. Spouses and lovers comprised the majority of victims (46.4%) followed by child victims (36%). Most HS events were motivated by separation or termination of marital or sexual relations (39%), economic reasons (25%) and other domestic disputes (20%). The most frequent modes of killing were strangulation/suffocation (26%), stabbing/chopping (24%), followed by gassing/poisoning (14%) and falling from a height (14%). The commonest method of suicide was falling from a height (48%). It was followed by gassing/poisoning (22%) and strangulation/suffocation (13%). Depression (18.3%) was found to be the commonest mental disorder. Most offenders were from low-socio-economic background. Two-third were unemployed and 76.6% had 9 or less years of education. HS in HK were distinguished from those reported in the western literature in respect to the high relevance of economic factors, the absence of mercy killing between old couples, a higher percentage of pedicide-suicides and the infrequent use of firearms.