As societies worldwide are confronted with population ageing, many are devising ways to ensure their senior citizens are protected and respected in ways they deserved, while some opted for a legislative approach by passing an elder law. But how does elder law work, and whether it applies to senior citizens in Hong Kong?

Elder Law Worldwide

While elder law may vary among countries, it is generally a legislation that covers issues such as insurance, housing, long-term care, employment, retirement, and abuse, neglect or exploitation of the older person.

In the case of the United States, where elder law is considered among the most comprehensive and best established, estate planning, medical care and guardianship are the three major categories that constitute elder law. Established in 1965, the Older American Act (Remark 1) has undergone 13 modifications to include a wider spectrum of elderly needs such as estate planning, wills, trusts, guardianships, protection against elder abuse, neglect, fraud and medical care. In the United States, the care for senior citizens is more the responsibility of the country and the self, rather than that of the family, although 30 states have adopted filial responsibility laws – where adult children are legally obliged to care for their parents.

In China, while there is no single law governing care of the elderly, laws covering aspects of it include the Law on Protection of the Rights and Interests of the Elderly (Remark 2), and General Principles of the Civil Law, the former of which, enacted in 1996, defines the rights of older persons in family life, social life and participation in social activities to ensure older people are respected by the community, and that their adult children care for them as a legal duty.

Also in Asia, Singapore, the first in the world to establish a proper legislation on elderly rights and care, passed the Maintenance of Parents Act (Remark 3) in 1995 to ensure that residents aged 60 or over, who are unable to maintain themselves adequately, are entitled to claim allowance from their children.

Legal Protection of Senior Citizens in Hong Kong

In Hong Kong, protection for senior citizens is a wholly different scene, not least because of the absence of filial responsibility laws. What Hong Kong does to encourage financial support from adult children is to offer tax deductions and allowances for such financial support. Legal aspects aside, the government has been providing the city's senior citizens with a great array of social services and benefits through community care and support services, residential care services and the Comprehensive Social Security Allowance Scheme. 

Stay Upbeat and Active

At the end of the day, legislation is oftentimes a means to stipulate the obligations and rights of the people, and there are more practical measures you can take to ensure a life of genuine independence and happiness. Start with your financial management, for instance: be wise with your investment and circumspect with your asset protection. Learn more about the social services at your disposal so that you would know to seek advice from whom when needs be. From volunteering to going back to school to sign up for silver courses, staying active helps expand your social circle and instil happiness in your everyday life – in other words, the best protection for your retirement years.

Special Thanks:
Professor Alfred Chan, Department of Politics and Sociology, Lingnan University
Anna Tang, Ph.D student, Wanchai District Councillor

Remarks：
(1) Older Americans Act, Click here for the details.
(2) Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly, Click here for the details.
(3) Maintenance of Parents Act, Click here for the details.