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Restriction on Transplant between Living Persons
| A. | The Human Organ Transplant Board may give its approval for the carrying out of living non-related transplant if it is satisfied that: | |
| (1) | the person who has caused the matter to be referred to the Board has clinical responsibility for the donor; | |
| (2) | the donor has reached the age of 18 years; | |
| (3) |
a registered medical practitioner who is not the registered medical practitioner who will remove the organ from the donor or transplant the donor's organ into the recipient has explained, in the absence of the recipient, to the donor and the donor has understood (a) the procedure; (b) the risk involved; and (c) his entitlement to withdraw consent at any time; |
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| (4) | a registered medical practitioner who is not the registered medical practitioner who will remove the organ from the donor or transplant the donor's organ into the recipient has explained, in the absence of the donor, to the recipient and the recipient has understood (a) the procedure; (b) the risk involved; and (c) his entitlement to withdraw consent at any time; | |
| (5) | the donor has given his consent to the removal of the organ without coercion or the offer of inducement and has not subsequently withdrawn his consent; | |
| (6) | no payment prohibited by the Ordinance has been made, or is intended to be made; | |
| (7) | the donor has been interviewed, in the absence of the recipient, by an interviewer whom the Board considers to be suitably qualified and the interviewer has reported to the Board that the donor has given his consent as described in A(5) and has understood all aspects listed under A(3); | |
| (8) | the recipient has been interviewed, in the absence of the donor, by an interviewer whom the Board considers to be suitably qualified and the interviewer has reported to the Board that the recipient has understood all aspects listed under A(4); | |
| (9) | the registered medical practitioner who makes the explanation to the donor under A(3) may but need not be the same registered medical practitioner who makes the explanation to the recipient under A(4); and | |
| (10) | the interviewer who interviews the donor under A(7) may but need not be the same interviewer who interviews the recipient under A(8). The interviewer shall not be the registered medical practitioner who makes the explanation under A(3) or A(4). | |
| B. | Prior written approval from the Board is not required if the donor and the recipient are genetically related or are a couple whose marriage has subsisted for three years or more. However, the registered medical practitioners must satisfy themselves that the genetic / marital relationship has been duly established and that A(2) to A(6) & A(9) as mentioned above have been complied with before carrying out the transplant. | |
| C. | If the recipient is incapable of understanding the explanation as mentioned in A(4) above by reason of: | |
| (1) | his suffering any illness; | |
| (2) | his being a minor; | |
| (3) | his being a mentally incapacitated person within the meaning of the Mental Health Ordinance (Cap. 136); or | |
| (4) | his suffering an impaired state of consciousness, | |
| the transplant may still be carried out provided that the Board or the registered medical practitioner concerned is satisfied that: | ||
| (I) | a registered medical practitioner who is not the one to remove the organ from the donor or the one to transplant the donor's organ into the recipient has certified in writing that the recipient is incapable of understanding the explanation as required under A(4) above because of any of the aforesaid reasons as set out in C(1) to C(4)above; | |
| (II) | a registered medical practitioner who is not the one to remove the organ from the donor or the one to transplant the donor's organ into the recipient has certified in writing that it would not be in the best interests of the recipient to wait until he is capable of understanding the explanation; | |
| (III) | the registered medical practitioner who is to transplant the organ into the recipient has kept a medical report in writing stating the reason why A(4) cannot be complied with in respect of the recipient; and | |
| (IV) | The registered medical practitioner who issues a certificate under (I) in respect of the recipient may but need not be the same registered medical practitioner who issues a certificate under (II) in respect of the same recipient. | |