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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.

 

  Last Revision Date : 01 Sep 2011