Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 34

Secrecy

(1) No person who is or has been-

   (a)  an authorized person; or

   (b)  a person to whom a licence applies or the holder of a licence, shall
        disclose any information contained or required to be contained in
        Register A.

(2) Subsection (1) shall not apply to any disclosure of information made-

   (a)  to a person as an authorized person;

   (b)  to a person to whom a licence applies, or a licensee, for the purposes
        of his functions as such;

   (c)  so that no individual to whom the information relates can be
        identified;

   (d)  in accordance with section 33;

   (e)  pursuant to an order under section 35(1);

   (f)  to the Registrar within the meaning of section 36 pursuant to a
        request under that section; or

   (g)  for the purposes of establishing, in any proceedings relating to an
        application for an order under section 12(1) of the Parent and Child 
        Ordinance ( Cap 429), whether the condition specified in paragraph (a)
        or

   (b)  of that section is met.

(3) Subject to subsection (4), in the case of information relating to the
provision of a reproductive technology procedure for an identifiable
individual, subsection (1) shall not apply to a disclosure made in accordance
with-

   (a)  the consent in writing of the individual given before the provision of
        the procedure; or

   (b)  the consent in writing of the individual given after the provision of
        the procedure if, and only if, the consent were obtained in accordance
        with a permission in writing given by the individual-

        (i)    before the provision of the procedure; and

        (ii)   to the effect that the individual may be contacted after the
               provision of the procedure for the purpose of ascertaining
               whether or not the individual will consent to a disclosure of
               information relating to the provision of the procedure to the
               individual, either generally or in circumstances specified in
               the permission.

(4) If a disclosure cannot be made under subsection (3) in relation to an
identifiable individual without a disclosure of information relating to the
provision of a reproductive technology procedure to another identifiable
individual, then the first-mentioned disclosure shall not be made under that
subsection unless the second-mentioned disclosure can also be made under that
subsection.

(5) In the case of information which shows an identifiable individual was, or
may have been, born in consequence of a reproductive  technology procedure,
subsection (1) shall not apply to a disclosure which is necessarily incidental
to disclosure under subsection (3).

(6) This section shall not apply to a disclosure to an individual of
information which relates only to that individual or, in the case of an
individual treated with another, only to that individual and that other.

(7) It shall be deemed to be a condition of every licence that a
reproductive technology procedure that may be provided pursuant to the licence
shall not be provided for an identifiable individual unless the individual
has, before the provision of the procedure, given or refused to give-

   (a)  a consent referred to in subsection (3)(a); or

   (b)  a permission referred to in subsection (3)(b).