### Human Organ Transplant Ordinance 《人體器官移植條例》

5D. General requirements to be satisfied for purposes of sections 5A and 5C
(1) For the purposes of sections 5A and 5C, the requirements in this section are as follows—
(a) the donor concerned has reached the age of 18 years;
(b) a registered medical practitioner has, in the absence of the recipient concerned, explained to the donor, and the donor has understood, the following aspects of the proposed organ removal—
(i) the procedure;
(ii) the risk involved; and
(iii) the donor’s entitlement to withdraw consent to that removal at any time;
(c) the donor has given his consent to the proposed organ removal without coercion or the offer of inducement and has not subsequently withdrawn his consent;
(d) a registered medical practitioner has, in the absence of the donor, explained to the recipient, and the recipient has understood, the following aspects of the proposed organ transplant—
(i) the procedure;
(ii) the risk involved; and
(iii) the recipient’s entitlement to withdraw consent to that transplant at any time;
(e) no payment prohibited by this Ordinance has been made, or is intended to be made.
(2) The registered medical practitioner who makes the explanation under subsection (1)(b) or (d) shall not be the registered medical practitioner who is to carry out the restricted organ removal or the restricted organ transplant.
(3) The registered medical practitioner who makes the explanation to the donor under subsection (1)(b) may but need not be the same registered medical practitioner who makes the explanation to the recipient under subsection (1)(d).
(Added 29 of 2004 s. 8)

### Human Organ Transplant Ordinance 《人體器官移植條例》

5DA. Consent given in donation arrangement
(1) This section applies in determining, for the purposes of the board’s approval in writing under section 5C, whether the donor of a dyad in a donation arrangement has given the donor’s consent without the offer of inducement as required by section 5D(1)(c).
(2) The donor is not to be regarded as having given consent with the offer of inducement only because the donor’s consent has been given in consideration of a proposed transplant into the beneficiary of the dyad of an organ removed from the donor of another dyad in the donation arrangement.
(3) In this section—
beneficiary (受益人), in relation to a dyad in a donation arrangement, means a person who is chosen by the dyad’s donor as the recipient in relation to the donor of another dyad in the arrangement;
donation arrangement (捐贈安排) means a paired donation arrangement or a pooled donation arrangement;
dyad (兩人組合) means a group of 2 persons consisting of a donor and a beneficiary;
paired donation arrangement (配對捐贈安排) means an arrangement between 2 dyads under which—(a) an organ is to be removed from each dyad’s donor for transplant into the beneficiary of the other dyad;
(b) each removal and each transplant is to be carried out by a registered medical practitioner in Hong Kong; and
(c) the organs to be removed and transplanted are of the same kind;

pooled donation arrangement (匯集捐贈安排) means an arrangement among 3 or more dyads under which—(a) for each dyad—
(i) an organ is to be removed from the dyad’s donor for transplant into the beneficiary of any other dyad; and
(ii) an organ is to be transplanted into the dyad’s beneficiary from the donor of any other dyad;
(b) each removal and each transplant is to be carried out by a registered medical practitioner in Hong Kong; and
(c) the organs to be removed and transplanted are of the same kind.

(Added 28 of 2018 s. 3)

### Human Organ Transplant Ordinance 《人體器官移植條例》

5E. Circumstances in which requirements in sections 5C(3)(b) and 5D(1)(d) are waived
(1) The requirement in section 5D(1)(d) is waived for the purpose of section 5A(1)(b)(ii), and the requirements in sections 5C(3)(b) and 5D(1)(d) are waived for the purpose of section 5C(4)(b), if—
(a) a registered medical practitioner has issued a certificate certifying that—
(i) the recipient concerned is in fact incapable of understanding the explanation required under section 5D(1)(d); and
(ii) that fact is attributable to one or more of the following reasons—
(A) his suffering any illness;
(B) his being a minor;
(C) his being a mentally incapacitated person within the meaning of the Mental Health Ordinance (Cap. 136);
(D) his suffering an impaired state of consciousness;
(b) a registered medical practitioner has issued a certificate certifying that it would not be in the best interests of the recipient to wait until he is capable of understanding the explanation required under section 5D(1)(d); and 
(c) the registered medical practitioner who is to carry out the restricted organ transplant has kept a medical report in writing stating the reason why the requirement in section 5D(1)(d) cannot be complied with.
(2) The registered medical practitioner who issues a certificate under subsection (1)(a) or (b) shall not be the registered medical practitioner who is to carry out the restricted organ removal or the restricted organ transplant.
(3) The registered medical practitioner who issues a certificate under subsection (1)(a) in respect of a recipient may but need not be the same registered medical practitioner who issues a certificate under subsection (1)(b) in respect of the same recipient.
(4) A registered medical practitioner who—
(a) in purported compliance with subsection (1)(a) or (b), issues a certificate that he knows to be false or misleading in a material respect, or recklessly issues a certificate that is false or misleading in a material respect; or
(b) in purported compliance with subsection (1)(c), keeps a medical report that he knows to be false or misleading in a material respect, or recklessly keeps a medical report that is false or misleading in a material respect,

commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months.
(Added 29 of 2004 s. 8)