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HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SCHEDULE 3
Consequential Amendments
Remarks:
not yet in operation
[s. 48]
Offences against the Person Ordinance
1. Medical termination of pregnancy
Section 47A(8) of the Offences against the Person Ordinance (Cap 212) is repealed and the following substituted- "(8) For the purposes of sections 46 and 47, anything done with intent to procure a woman's miscarriage (or, in the case of a woman carrying more than one foetus, her miscarriage of any foetus) is unlawfully done unless authorized by virtue of the provisions of this section and, in the case of a woman carrying more than one foetus, anything done with intent to procure the miscarriage of any foetus is authorized by those provisions if-(a) the ground for termination of the pregnancy specified in subsection (1)(b) applies in relation to any foetus and the thing is done for the purpose of procuring the miscarriage of that foetus; or
(b) any of the other grounds for termination of the pregnancy specified in those provisions applies.".
Administrative Appeals Board Ordinance
2. Schedule amended
The Schedule to the Administrative Appeals Board Ordinance (Cap 442) is amended by adding-
| "37. | Human Reproductive Technology Ordinance (Cap 561) | (a) | A determination of the Council on Human Reproductive Technology referred to in section 28(5) to which section 28(6) applies. |
 | | (b) | The suspension of a licence under section 29.". |
Sex Discrimination Ordinance
3. Reproductive technology
Section 56B(2) of the Sex Discrimination Ordinance (Cap 480) is repealed and the following substituted- "(2) In this section, "reproductive technology procedure" (生殖科技程序) has the meaning assigned to it by section 2(1) of the Human Reproductive Technology Ordinance (Cap 561).".
4. Further exceptions to this Ordinance
Schedule 5 is amended-(a) in Part 1, in section 1, by repealing the definition of "reproductive technology procedure" and substituting-""reproductive technology procedure" (生殖科技程序) has the meaning assigned to it by section 2 of the Human Reproductive Technology Ordinance (Cap 561).";
(b) in Part 2, in column 3 of item 4, by repealing“生育”and substituting“生殖”.
Personal Data (Privacy) Ordinance
5. Section added
The Personal Data (Privacy) Ordinance (Cap 486) is amended by adding-
"63A. Human embryos, etc.
(1) Personal data which consist of information showing that an identifiable individual was, or may have been, born in consequence of a reproductive technology procedure within the meaning of the Human Reproductive Technology Ordinance (Cap 561) are exempt from the provisions of data protection principle 6 and section 18(1)(b) except so far as their disclosure under those provisions is made in accordance with section 33 of that Ordinance.
(2) Where a data access request relates to personal data which are or, if the data existed, would be exempt from section 18(1)(b) by virtue of subsection (1), then the data are also exempt from section 18(1)(a) if the interest protected by that exemption would be likely to be prejudiced by the disclosure of the existence or non-existence of the data.".