Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 33

Register A



*section 33(4)(a) not yet in operation PART V

ACCESS TO INFORMATION

(1) Without prejudice to the generality of section 45(1)(a), the Council shall
keep and maintain a register which shall contain any information obtained by
the Council which falls within subsection (2).

(2) Information falls within this subsection if-

   (a)  it relates to the provision of a reproductive technology  procedure
        where a child born or intended to be born in consequence of the
        procedure would not be created from the gametes solely of the parties
        to a marriage who it is proposed will be the parents of the child; and

   (b)  the child, any of the parties to the marriage, or any individual whose
        gametes have been used, or any combination thereof, can be identified
        from the information.

(3) An adult may by notice given to the Council require the Council to comply
with a request under subsection (4), and the Council shall do so if-

   (a)  the information contained in Register A shows that the adult was, or
        may have been, born in consequence of a reproductive technology 
        procedure which falls within subsection (2); and

   (b)  the adult has been given a suitable opportunity to receive proper
        counselling about the implications of compliance with the request.

(4) The adult may request the Council to give him notice stating whether or
not the information contained in Register A shows that a person other than a
parent of the adult would or might, but for sections 9, 10 and 11 of the
Parent and Child Ordinance ( Cap 429), be a parent of the adult and, if it
does show that-

*[(a)giving the adult so much of that information as relates to the person
concerned as the Council is required by regulations made under section  45
(1)(d) to give (but no other information); or]

   (b)  stating whether or not that information shows that, but for those
        sections, the adult, and a person specified in the request as a person
        whom the adult proposes to marry, would or might be related.

(5) Regulations made under section 45(1)(d) shall not require the Council to
give any information as to the identity of a person whose gametes have been
used or from whom an embryo has been taken if a person to whom a licence
applied was provided with the information at a time when the Council could not
have been required to give information of the kind in question.

(6) No information contained in Register A shall be removed therefrom at any
time before the expiration of 80 years from the date on which the information
was first entered in Register A.

(7) In this section, "adult" (成年人) means a person who has attained the
age of 16 years.

"adult" (成年人)