Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 23

Determination of application

(1) Subject to this section, upon receipt of an application for a licence, the
Council shall, as soon as is practicable, by notice given to the applicant-

   (a)  grant a licence to the applicant-

        (i)    to carry on in the premises specified in the application (or
               such part of those premises as may be specified in the licence)
               the relevant activity specified in the application (or such
               part of that activity as may be specified in the licence); and

        (ii)   subject to such conditions, if any, as are specified in the
               licence; or

   (b)  refuse to grant a licence to the applicant.

(2) The Council shall not grant a licence to an applicant unless it is
satisfied that-

   (a)  subject to subsection (3), the application concerned is-

        (i)    for a licence designating an individual, not being the
               applicant, as the person under whose supervision the
               relevant activity to be authorized by the licence is to be
               carried on; and

        (ii)   made with the consent of the individual;

   (b)  the applicant is a suitable person to hold the licence and that the
        applicant will discharge the duty under section 24(2);

   (c)  the individual referred to in paragraph (a)(i) has the prescribed
        qualifications, the character and experience of the individual are
        such as are required for the supervision of that activity and the
        individual will discharge the duty under section 24(1);

   (d)  the premises in respect of which the licence is to be granted are
        suitable for that activity;

   (e)  all other requirements of this Ordinance in relation to the granting
        of the licence are satisfied; and

   (f)  in all the circumstances, the applicant and the individual referred to
        in paragraph (a)(i), if the licence is granted, would be capable of
        complying with the requirements under this Ordinance with which it is
        their respective duty to comply.

(3) The Council may grant a licence to an applicant notwithstanding that the
applicant is an individual who is to be the person responsible if the Council
is satisfied that, in all the circumstances of the case, the fact that the
licensee and the person responsible are the same person will not prejudice the
discharge of the duty under section 24(1) by the person  responsible.

(4) Where subsection (3) is applicable to a licence, references in this
Ordinance to a licensee shall be construed with all necessary modifications to
take account of the fact that the licensee and the person  responsible are the
same person.

(5) The Council shall not grant a licence where 2 or more individuals are to
be the person responsible unless it specifies in the licence which of the
functions and powers imposed or conferred on a person  responsible under this
Ordinance shall be performed or exercised, as the case may be, in relation to
that licence, by-

   (a)  any such individual alone;

   (b)  any such individuals jointly;

   (c)  each such individual, and, in any such case, the provisions of this
        Ordinance shall be read and have effect with such modifications as are
        necessary to take into account any such licence.

(6) Neither this section nor this section as read with sections  28 (5) and
(6) and 41 shall operate so as to require the Council, under any
circumstances, to grant a licence where 2 or more individuals are to be the
responsible person, and whether or not the Council is satisfied as to the
matters referred to in subsection (2).