Bills Committee on Human Reproductive Technology Bill
Clause-by-clause examination
(Position as at 6 September 1999)

Issues Clause Position
Long Title-Adm to state the principle of limiting RT to infertile couples only.

a."surrogate mother"

b. "reproductive
technology procedure"

c. "For the purpose of this Ordinance - ....."




a. Adm explained the purpose of (b)(i) and (ii) of the definition of this term. Adm to re-consider the policy and the definition of this term.

b. Adm to reconsider the wording "medical, surgical or obstetric procedure" under this term

c. Adm to consider if this clause is related to (b)(i) and (ii) under "surrogate mother" and, if so, to make corresponding amendments to this clause.
Establishment of Council on Human Reproductive Technology

a. Clause 3(2)(a) & (b)

b. Clause 3(2)(f)(i) &(ii)

c. Clause 3(3)(a)

a. Adm to move CSA

b. Adm explained why these subclauses should be included.

c. Dr LEONG Che-hung to move CSA to delete this clause. Issues Clause Position
Functions and powers of Council

a. Clause 4(1)(c)(ii)

b. Clause 4(1)

a. Adm to re-consider the drafting aspect of this subclause.

b.Adm to consider improving the presentation of this clause.
Code of practice

a. Clause 7(1)
7 11.5.99
a. Dr LEONG Che-hung suggested deleting "(including any surrogacy arrangement to which a relevant activity relates)".
Prohibition against using donated gametes for purposes of surrogacy arrangement 1211.5.99
Adm to consider the drafting aspect of this clause.
Prohibition against surrogacy arrangements on commercial basis, etc.
    "or ought reasonably to know"
15(1)(d) 27.5.99
SALD to provide examples in other legislation which also stipulated that one might be considered to have committed a criminal offence if it was proved that one "ought reasonably to know" something.
Dr LEONG Che-hung was concerned that the "licensee" and the "person responsible" could be the same person. 21(2)(a)(i)
22(2), 22(3)
Adm agreed to review the drafting.
Temporary suspension of licence 2727.5.99
Adm agreed to consider making provisions in subsidiary legislation to specify what the licensee should do in relation to the preservation of embryos when the licence was suspended/ revoked.
Display of licence 28 27.5.99
Adm was requested to explore ways to prevent self-advertisement by the licensee.
(e.g. to stipulate that any advertisements of the relevant clinics had to be permitted by the HRT Council.)
Register A 30(2)(b)

SALD agreed to provide supplementary information to explain what information was involved in relation to "the identity of the person married to that individual".

Adm to consider if "50 years" is an appropriate length of time in this sub-clause.
of draft CSAs#
In response to members' comments, SALD proposed that the donor's consent should be sought as to whether or not he would allow designated officers of the HRT Council to later approach him in particular situations.

* SALA will follow up with SALD on some proposed amendments to be made to the Chinese version of the Bill.
# The draft CSAs tabled by the Administration on 28 May 1999 and issued to members under LC Paper No. CB(2) 2149/98-99.

Legislative Council Secretariat
8 September 1999