Hong Kong Ordinances

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SECT 5

Functions and powers of Council

(Past version on 01/07/2002).
(Past version on 17/11/2000).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) The Council shall-

   (a)  keep under review information about-

        (i)    embryos and any subsequent development of embryos;

        (ii)   relevant activities;

        (iii)  surrogacy arrangements,
and advise the Secretary for Food and Health, if the Secretary asks it to do
so, about those matters; (Amended L.N. 106 of 2002; L.N. 130 of 2007)

   (b)  publish or otherwise make available-

        (i)    lists of premises at which relevant activities may be carried
               on pursuant to a licence;

        (ii)   statistics and summaries concerning relevant activities which
               have been carried on;

   (c)  provide, to such extent as it considers appropriate, information for
        persons (including persons proposing to be persons)-

        (i)    to whom licences apply;

        (ii)   to whom a reproductive technology procedure is provided; or

        (iii)  providing gametes or embryos for use for the purposes of a
               relevant activity or surrogacy arrangement;

   (d)  promote (by the dissemination of information and in other ways)
        informed public debate on the medical, social, moral, ethical and
        legal issues that arise from relevant activities and
        surrogacy arrangements;

   (e)  liaise and co-operate with any person in any place outside Hong Kong-

        (i)    performing in that place any functions which, in the opinion of
               the Council, are similar (whether in whole or in part) to any
               of the Council's functions under this Ordinance; and

        (ii)   in respect of any matters of mutual interest concerning
               relevant activities and surrogacy arrangements, in particular
               any ethical or social issues arising therefrom; and

   (f)  perform such other functions as are imposed on it under this Ordinance
        or any other enactment.

(2) The Council may do all such things as are necessary for, or incidental or
conducive to, the better performance of its functions and in particular but
without prejudice to the generality of the foregoing, may-

   (a)  carry out research into the social consequences of reproductive 
        technology procedures;

   (b)  promote research into the causes of human infertility;

   (c)  exercise such other powers as are conferred on it under this Ordinance
        or any other enactment.

(3) The Council may from time to time cause to be prepared and published by
notice in the Gazette, for the guidance of persons who propose to make an
application for a licence, or who are the holders of a licence, guidelines not
inconsistent with this Ordinance, indicating the manner in which it proposes
to perform any of its functions, or exercise any of its powers, under this
Ordinance.