### Human Reproductive Technology Ordinance 《人類生殖科技條例》

39. Offences
(1) A person who contravenes section 13, 14, 15(1), (2), (3) or (5), 15A(1), 16(1) or (2) or 17(1) or (2), or any condition specified in a notice mentioned in section 27(7) or under section 29 or 32(2), or the condition specified in section 34(7), commits an offence and is liable— (Amended 20 of 2016 s. 4)
(a) on a first conviction, to a fine at level 4 and to imprisonment for 6 months;
(b) on a subsequent conviction, to a fine at level 6 and to imprisonment for 2 years.
(2) A person who, for the purposes of the grant of a licence, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(3) A person who discloses any information in contravention of section 34 commits an offence and is liable—
(a) on a first conviction, to a fine at level 4 and to imprisonment for 6 months;
(b) on a subsequent conviction, to a fine at level 6 and to imprisonment for 2 years.
(4) A person who—
(a) fails to comply with a requirement made by virtue of section 37(1)(b) or (2)(b) or 38(2)(b)(ii) or (5)(b); or
(b) intentionally obstructs the exercise of any rights conferred by a warrant issued under section 38,
commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(5) A person to whom a licence applies or the licensee who gives or receives any money or other benefit, not authorized under this Ordinance, in respect of any supply of gametes or embryos, commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(6) It is a defence for a person (the defendant

40. Consent to prosecution
No proceedings for an offence against this Ordinance shall be instituted except by or with the consent of the Secretary for Justice.

41. Appeals against certain decisions of Council
Any person aggrieved by a decision made in respect of him by the Council where the decision is—
(a) a determination referred to in section 28(5) to which section 28(6) applies; or
(b) the suspension of a licence under section 29,
may appeal to the Administrative Appeals Board against that decision.

### Human Reproductive Technology Ordinance 《人類生殖科技條例》

42. Power of Council to specify forms
(1) Subject to subsection (2), the Council may specify the form of any licence or application under this Ordinance and the form of such other documents required for the purposes of this Ordinance as it thinks fit.
(2) The Council’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a licence or application under this Ordinance to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of the licence or application, as the case may be, to the extent that, in the opinion of the Council, its exercise of that power in respect of that licence or application, as the case may be, does not contravene that requirement.
(3) The Council’s power under subsection (1) may be exercised in such a way as to—
(a) include in a form specified under that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;
(b) specify 2 or more forms of any licence, application or other document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Council thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form; and
(c) if the completed form is required to be provided to—
(i) the Council;
(ii) another person on behalf of the Council; or
(iii) any other person,
so provided in the manner, if any, specified in the form.

### Human Reproductive Technology Ordinance 《人類生殖科技條例》

43. Giving of notice
A notice (howsoever described) which under this Ordinance is required to be, or which may be, given to a person (howsoever described) shall, in the absence of evidence to the contrary, be deemed to be so given if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address for service, or at his last known place of residence or business, in Hong Kong;
(iii) sent by post to him at his last known address for service, or at his last known postal address, in Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to him at his last known address for service, or at his last known postal address, or at his last known place of residence or business, in Hong Kong;
(b) in the case of a company, it is—
(i) given to or served on a director or manager of the company;
(ii) left at the company’s last known address for service, or at its last known place of business, in Hong Kong;
(iii) sent by post to the company at its last known address for service, or at its last known postal address, in Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to the company at its last known address for service, or at its last known postal address, or at its last known place of business, in Hong Kong;
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual; or
(ii) given, served, left or sent in accordance with paragraph (b) in respect of any partner which is a company;
(d) in the case of a person (attorney

### Human Reproductive Technology Ordinance 《人類生殖科技條例》

44. Regulations—fees
(1) The Financial Secretary may make regulations to prescribe the fees to be paid to the Council in respect of—
(a) any application under this Ordinance to the Council;
(b) the provision of any service or facility connected with licences or any other matter to which this Ordinance relates.
(2) The amount of any fee prescribed in regulations made under subsection (1) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the application, service or facility, or other matter, to which such fee relates, and different fees may be so prescribed for the same type of application, service or facility, or other matter, in order to provide for particular circumstances or particular cases specified in the regulations.
(3) The Council may refuse to act in connection with anything in respect of which a prescribed fee or part of a prescribed fee has not been paid.
(4) The Council shall cause all prescribed fees paid to it to be paid into the general revenue.
(5) Unpaid prescribed fees shall constitute a debt due to the Government and shall be recoverable summarily as a civil debt within the meaning of the Magistrates Ordinance (Cap. 227).
(6) No prescribed fee shall be reduced, waived or refunded except in such circumstances, if any, as are specified in regulations made under subsection (1).