Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 27

Revocation and variation of licence

(1) The Council may revoke a licence if it is satisfied-

   (a)  that any information given-

        (i)    in the application for the grant of the licence; or

        (ii)   under section 22 in so far as it relates to the licence, was in
               any material respect false or misleading;

   (b)  that the premises to which the licence relates are no longer suitable
        for the relevant activity authorized by the licence;

   (c)  that the person responsible has failed to discharge, or is unable
        because of incapacity to discharge, the duty under section 24(1); or

   (d)  that there has been any other material change of circumstances since
        the licence was last granted.

(2) The Council may also revoke a licence if-

   (a)  it ceases to be satisfied that-

        (i)    the character of the person responsible is such as is required
               for the supervision of the relevant activity authorized by the
               licence; or

        (ii)   the licensee is a suitable person to hold a licence; or

   (b)  the person responsible dies or the person responsible or the licensee
        is convicted of an offence against this Ordinance.

(3) Where the Council has power to revoke a licence under subsection (1), it
may instead vary any terms of the licence.

(4) The Council may vary or revoke a licence on an application by the
person responsible or the licensee.

(5) The Council may, on an application by the licensee, vary a licence so as
to designate another individual in place of the person  responsible if-

   (a)  the Council is satisfied that the other individual has the prescribed
        qualifications, the character and experience of the individual are
        such as are required for the supervision of the relevant activity
        authorized by the licence and the individual will discharge the duty
        under section 24(1); and

   (b)  the application is made with the consent of the other individual.

(6) Except on an application under subsection (5), a licence may only be
varied under this section-

   (a)  so far as it relates to the relevant activity authorized by the
        licence, the manner in which it is conducted or the conditions to
        which the licence is subject by virtue of section 23(1)(a)(ii); or

   (b)  so as to extend or restrict the premises to which the licence relates.

(7) For the avoidance of doubt, it is hereby declared that the revocation of a
licence may be subject to such conditions, if any, as the Council thinks fit
specified in the notice effecting the revocation.