Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 39

Offences

(1) A person who contravenes section 13, 14, 15(1), (2), (3) or

(5), 16(1) or (2) or 17(1) or (2), or any condition specified in a notice
mentioned in section 27(7) or under section 29 or 32(2), or the condition
specified in section 34(7), commits an offence and is liable-

   (a)  on a first conviction, to a fine at level 4 and to imprisonment for 6
        months;

   (b)  on a subsequent conviction, to a fine at level 6 and to imprisonment
        for 2 years.

(2) A person who, for the purposes of the grant of a licence, knowingly or
recklessly provides any information which is false or misleading in a material
particular commits an offence and is liable on conviction to a fine at level 4
and to imprisonment for 6 months.

(3) A person who discloses any information in contravention of section 34
commits an offence and is liable-

   (a)  on a first conviction, to a fine at level 4 and to imprisonment for 6
        months;

   (b)  on a subsequent conviction, to a fine at level 6 and to imprisonment
        for 2 years.

(4) A person who-

   (a)  fails to comply with a requirement made by virtue of section  37
        (1)(b) or (2)(b) or 38(2)(b)(ii) or (5)(b); or

   (b)  intentionally obstructs the exercise of any rights conferred by a
        warrant issued under section 38, commits an offence and is liable on
        conviction to a fine at level 4 and to imprisonment for 6 months.

(5) A person to whom a licence applies or the licensee who gives or receives
any money or other benefit, not authorized under this Ordinance, in respect of
any supply of gametes or embryos, commits an offence and is liable on
conviction to a fine at level 4 and to imprisonment for 6 months.

(6) It is a defence for a person ("the defendant") charged with an offence of
doing a thing which, under section 13, cannot be done except pursuant to a
licence to show-

   (a)  that the defendant was acting under the direction of another; and

   (b)  that the defendant believed on reasonable grounds-

        (i)    that the other person was at the material time the person 
               responsible under a licence or a person designated by virtue of
               section  24 (3)(b) as a person to whom a licence applied; and

        (ii)   that the defendant was authorized by virtue of the licence or
               directions to do that thing.

(7) It is a defence for a person charged with an offence against this
Ordinance to show-

   (a)  that at the material time he was a person to whom a licence applied;
        and

   (b)  that he took all such steps as were reasonable and exercised all due
        diligence to avoid committing the offence.

(8) Where the person responsible under a licence has committed an offence
against this Ordinance, the licensee shall be guilty of the like offence
unless the licensee shows that the act or omission constituting the offence
took place without his knowledge or consent.