Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 45

Regulations-general

(1) The Secretary for Food and Health may make regulations for all or any of
following matters- (Amended L.N. 106 of 2002; L.N. 130 of 2007)

   (a)  the registers to be kept and maintained by the Council in addition to
        Register A;

   (b)  without prejudice to the generality of section 5(1)(a), information to
        be furnished to the Secretary for Food and Health concerning the
        activities of the Council in any period specified in the regulations;
        (Amended L.N. 106 of 2002; L.N. 130 of 2007)

   (c)  specifying a relevant activity which a licence, or a licence belonging
        to a class of licence specified in the regulations, shall not
        authorize notwithstanding any other provision of this Ordinance;

   (d)  subject to section 33(5), specifying the information required to be
        given under section 33(4)(a);

   (e)  imposing restrictions on the disclosure of information which is not
        information falling within section 34(1) but is information obtained
        by an authorized person, a person to whom a licence applies, or a
        licensee, on terms or in circumstances requiring it to be held in
        confidence.

(2) The Council may make regulations for all or any of the following matters-

   (a)  without prejudice to the generality of section 23(1)(a), the
        conditions to be attached to-

        (i)    every licence; or

        (ii)   every licence belonging to a class of licence specified in the
               regulations;

   (b)  the qualifications to be met by an individual designated in an
        application for a licence as the person under whose supervision the
        relevant activity to be authorized by the licence is to be carried
        out;

   (c)  the registers and other records to be kept and maintained by-

        (i)    every holder of a licence (including any person to whom the
               licence applies); or

        (ii)   every holder of a licence (including any person to whom the
               licence applies) belonging to a class of licence specified in
               the regulations;

   (d)  the information to be furnished to the Council-

        (i)    by- (A) every holder of a licence (including any person to whom
               the licence applies); or (B) every holder of a licence
               (including any person to whom the licence applies) belonging to
               a class of licence specified in the regulations; and

        (ii)   which may be reasonably required for the purposes of enabling
               or assisting the Council to perform its functions or exercise
               its powers under this Ordinance and, without limiting the
               generality of the foregoing, in relation to all or any of the
               following matters- (A) the relevant activity authorized by the
               licence; (B) the premises to which the licence relates; (C) the
               persons to whom the licence applies; (D) such particulars as
               may be required to enable the Council to comply with any
               regulations made under subsection (1);

   (e)  specifying a class of premises to which any premises specified in an
        application for a licence are required to belong;

   (f)  specifying the maximum period or periods of storage of embryos,
        gametes or other biological material used or to be used for the
        purposes of a relevant activity, including specifying the means of
        disposal of such embryos, gametes or material;

   (g)  regulating (including prohibiting in whole or in part) the importation
        or exportation of sperm or other biological material used or to be
        used for the purposes of a relevant activity;

   (h)  the receipt of a complaint about an applicant for a licence, a
        person responsible under a licence or the licensee;

   (i)  the investigation into a complaint referred to in paragraph (h);

   (j)  the inquiry into a complaint referred to in paragraph (h) to determine
        whether the Council should refuse to grant a licence to an applicant,
        revoke a licence or suspend a licence;

   (k)  the procedure to be followed in lodging a complaint referred to in
        paragraph (h), an investigation referred to in paragraph (i) or an
        inquiry referred to in paragraph (j).

(3) Without prejudice to the generality of regulations which may be made under
subsection (2)(a), conditions referred to in that subsection may-

   (a)  prohibit, except in such circumstances, if any, as are specified in
        the regulations-

        (i)    the storage of an embryo or gametes, or the use of an embryo or
               gametes for the purposes of a relevant activity, after the
               death of any person- (A) for whom the embryo or gametes, as the
               case may be, is or are stored; or (B) who provided the embryo
               or gametes, as the case may be; or

        (ii)   the alteration, for the purposes of a relevant activity, of the
               genetic structure of an ovum, sperm or embryo; or

   (b)  specify a period or occurrence after which a class of embryos or
        gametes specified in the regulations may no longer be-

        (i)    stored; or

        (ii)   used for the purposes of a relevant activity.

(4) Without prejudice to the generality of regulations which may be made under
subsection (2)(h), (i), (j) or (k), such regulations may specify a committee
(which may be a committee required by Schedule 1 to be established) to receive
a complaint referred to in that subsection, to carry out an investigation
referred to in that subsection, and to make a report to the Council as to the
outcome of the investigation together with a recommendation as to the course
of action the committee thinks the Council should take in view of the report.

(5) Any regulations made under this section may-

   (a)  empower the Council to grant exemptions from the regulations, either
        generally or in any particular case;

   (b)  make different provisions for different circumstances and provide for
        a particular case or class of case;

   (c)  be made so as to apply only in such circumstances as are specified in
        the regulations;

   (d)  provide for an appeal-

        (i)    to such person or body as may be referred to in, or established
               under, the regulations;

        (ii)   against any decision made under the regulations by the Council;
               and

        (iii)  by any person aggrieved by any such decision made in respect of
               him;

   (e)  provide for the better carrying into effect of this Ordinance;

   (f)  provide for such incidental, consequential, evidential, transitional
        and supplemental provisions as are necessary or expedient for the
        purpose of giving full effect to this Ordinance.

(6) Any regulations made under this section may prescribe offences in respect
of contraventions of the regulations and may provide for the imposition in
respect of any such offence of a fine not exceeding level 6 and of
imprisonment for a period not exceeding 2 years and, in the case of a
continuing offence, to a daily penalty not exceeding $1000.

(7) In this section, "daily penalty" (按日罰款) means a penalty for each
day on which the offence is continued after conviction therefor.

"daily penalty" (按日罰款)