Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 35

Disclosure in interests of justice

(1) Where in any proceedings before a court the question whether a person is
or is not the parent of a child by virtue of sections 9, 10 and 11 of the
Parent and Child Ordinance ( Cap 429) falls to be determined, the court may on
the application of any party to the proceedings make an order requiring the
Council-

   (a)  to disclose whether or not any information relevant to that question
        is contained in Register A; and

   (b)  if it is, to disclose so much of it as is specified in the order, but
        such an order may not require the Council to disclose any information
        which may identify any individual by virtue of whose gametes the
        information falls within section 33(2).

(2) The court shall not make an order under subsection (1) unless it is
satisfied that the interests of justice require it to do so, taking into
account-

   (a)  any representations made by any individual who may be affected by the
        disclosure; and

   (b)  the welfare of any minor who may be affected by the disclosure.

(3) If the proceedings before the court are civil proceedings, the court-

   (a)  may direct that the whole or any part of the proceedings on the
        application for an order under subsection (1) shall be heard in
        camera; and

   (b)  if it makes such an order, may then or later direct that the whole or
        any part of any later stage of the proceedings shall be heard in
        camera.

(4) An application for a direction under subsection (3) shall be heard in
camera unless the court otherwise directs.

(5) In this section, "court" (法庭) includes a magistrate.

"court" (法庭)