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Objectives, Requirements and Penalty of the Human Organ Transplant Ordinance, (Cap. 465)
A. | Objectives of the Ordinance: | |
(1) | to prohibit commercial dealings in human organs intended for transplanting; | |
(2) | to restrict the transplanting of human organs between living persons; and | |
(3) | to restrict the transplanting of imported organs. | |
Under the Ordinance, a person is genetically related to: | ||
(I) | his natural parents and natural children; | |
(II) | his siblings of the whole or half blood; | |
(III) | the siblings of the whole or half blood of either of his natural parents; and | |
(IV) | the natural children of any of the siblings mentioned in paragraphs (II) & (III). | |
B. | Requirements of the Ordinance: | |
(1) | Any arrangement or advertisement involving payment for the supply of a human organ intended for transplant is prohibited. | |
(2) | Prior written approval must be obtained from the Board for any removal or transplant involving a live donor unless the donor is related to the recipient either genetically or by marriage which has subsisted for not less than 3 years. | |
(3) | The prescribed certificate and supporting documents must be submitted to the Board before transplant involving the use of imported organs can take place. | |
(4) | Information on all human organ removals, transplants and disposals must be submitted to the Board within 30 days after the relevant event took place. | |
(5) | A declaration must be submitted to the Board within 30 days after the transplant involving an organ removed for the donor’s therapy. | |
C. | Penalty for Non-compliance with the Ordinance: | |
Non-compliance with the various requirements of the Ordinance is guilty of an offence and is liable to upon a first conviction a fine at level 5 and to imprisonment for 3 months and upon a subsequent conviction to a fine at level 6 and to imprisonment for 1 year. |