Bills Committee on Human Reproductive Technology Bill

Clause-by-clause examination
(Position as at 14 September 1999)

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 - ....."




2(4) 2

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.

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)


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 12 11.5.99
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)21(2)
(f)21(3)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 2827.5.99
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 A30(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.
Secrecy31(3) 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.
Adm to re-draft 31(3).
Power of authorized persons to enter premises to which licence relates 34(1)Adm to make provisions to specify what should be done to avoid causing any damages to the embryos.
Power of authorized persons to enter premises 35(2)(b)(i)
and (ii)
a. Some members questioned if the proposed arrangements were acceptable especially from an ethical point of view.
b. Dr LEONG Che-hung asked whether a commissioning couple waiting to use the embryo (which had been taken possession of by an authorized person in accordance with 35(2)(b)(i)) could apply to take it back before the relevant court proceedings finished.
Consent to prosecution37The Bills Committee will re-consider this point later.
Regulations - general42(5)(b)The Chairman was concerned whether too much discretionary power was vested with SHW. SALD agreed to give examples of similar arrangements in other ordinances.
Amendment of Schedule 143Adm to provide a detailed list of the relevant sex-linked diseases for members' consideration.
Committees and their membersPart 26(a) - (c)Adm to provide information on the type of persons to be appointed as members of the committees.

* 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
20 September 1999