A. The Human Reproductive Technology Ordinance
The relevant legislation is the Human Reproductive Technology Ordinance , Cap. 561 , Laws of Hong Kong.
The Ordinance is designed to regulate reproductive technology procedures, and the use of embryos and gametes for research and other purposes; to confine the provision of reproductive technology procedures to infertile couples, subject to any express provision to the contrary in any code; and to regulate surrogacy arrangements (whereby the woman to whom it relates would be a surrogate mother if she carries a child pursuant to the arrangement).
Reproductive technology procedures are medical, surgical, obstetric or other procedures (whether or not provided to the public or a section of the public) assisting or otherwise bringing about human reproduction by artificial means, and include–
- in vitro fertilization;
- artificial insemination;
- the obtaining of gametes;
- manipulation of embryos or gametes outside the body;
- a procedure specified a procedure specified by the Secretary of Food by notice in Gazette to be a reproductive technology procedure; and
- gender selection achieved or intended to be achieved by means of a procedure which falls within this definition, but excludes a procedure specified a procedure specified by the Secretary of Food by notice in Gazette not to be a reproductive technology procedure.
The Ordinance states that no person may carry on any activity which consists of or involves–
- providing a reproductive technology procedure;
- conducting embryo research; or
- handling, storing or disposing of a gamete or embryo used or intended to be used in connection with a reproductive technology procedure or embryo research;
unless the person has a licence issued by the Council on Human Reproductive Technology ( section 13 and Part IV of the Human Reproductive Technology Ordinance ).
B. The Council on Human Productive Technology
The Council on Human Productive Technology was established under section 4 of the Human Reproductive Technology Ordinance to regulate the issues discussed above. It is responsible for regulating and issuing licences on reproductive technology procedures and related activities. The requirements and fees payable relating to the implementation of the licensing system are set out in the Human Reproductive Technology (Licensing) Regulation , Cap. 561A and the Human Reproductive Technology (Fees) Regulation , Cap. 561B, Laws of Hong Kong.
The Council also prepares and maintains a code of practice giving guidance about the proper conduct of any relevant activity authorized by any licence and the proper discharge of the functions of the person responsible, as well as any other persons to whom the licence applies ( sections 5 and 8 of the Human Reproductive Technology Ordinance ).
For more information about the Council on Human Productive Technology, please visit the official website.