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

19. Declaration
It is hereby declared that a licence cannot authorize the carrying on of a relevant activity which would contravene any of the provisions of section 14, 15, 16 or 17.

20. Conscientious objection
(1) No person who has a conscientious objection to participating in a relevant activity authorized by a licence shall be under any duty, howsoever arising, to do so.
(2) In any legal proceedings the burden of proof of conscientious objection shall rest on the person claiming to rely on it.
(3) For the avoidance of doubt, it is hereby declared that a conscientious objection to participating in a relevant activity authorized by a licence may be made by the person responsible under the licence or a licensee.

21. Application for licence
Subject to any regulations made under section 45(2)(e), a person may make an application to the Council to be granted a licence to carry on a relevant activity in premises specified in the application.

22. Information to be furnished
(1) An applicant for a licence shall furnish to the Council such information as the Council requires for determining whether the licence should be granted or refused.
(2) For the purposes of subsection (1), the Council may require the attendance before it of an applicant who is an individual or, in the case of an applicant which is a company, a representative of the company who is an individual authorized by the company to so attend, and may examine any individual who so attends.

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

24. Duty of person responsible and licensee
(1) It shall be the duty of the person responsible under a licence to secure—
(a) that the other persons to whom the licence applies are of such character, and are so qualified by training and experience, as to be suitable persons to participate in the relevant activity authorized by the licence;
(b) that proper equipment is used;
(c) that proper arrangements are made for the keeping of gametes and embryos and for the disposal of gametes or embryos that have been allowed to perish;
(d) that, in all the circumstances, proper practices are used in the course of that activity; and
(e) that the conditions of the licence are complied with.
(2) It shall be the duty of the licensee under a licence to secure that the person responsible under the licence discharges the duty under subsection (1).
(3) References in this Ordinance to the persons to whom a licence applies are references to—
(a) the person responsible;
(b) any person designated in the licence, or in a notice given to the Council by the person responsible or the licensee, as a person to whom the licence applies; and
(c) any person acting under the direction of the person responsible or of any person so designated.

25. Validity of licence
A licence shall cease to be valid—
(a) upon the expiry of—
(i) 3 years after the date of its last grant; or
(ii) such lesser period, if any, specified in the licence,
whichever first occurs; or
(b) if the licence is revoked under section 27.

26. Renewal of licence
References in this Ordinance to—
(a) an application for a licence (howsoever expressed) shall include an application for the renewal of a licence; and
(b) the grant of a licence (howsoever expressed) shall include the renewal of a licence,
and the other provisions of this Ordinance shall be construed accordingly.

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

27. Revocation and variation of licence
(1) The Council may revoke a licence if it is satisfied—
(a) that any information given—
(i) in the application for the grant of the licence; or
(ii) under section 22 in so far as it relates to the licence,
was in any material respect false or misleading;
(b) that the premises to which the licence relates are no longer suitable for the relevant activity authorized by the licence;
(c) that the person responsible has failed to discharge, or is unable because of incapacity to discharge, the duty under section 24(1); or
(d) that there has been any other material change of circumstances since the licence was last granted.
(2) The Council may also revoke a licence if—
(a) it ceases to be satisfied that—
(i) the character of the person responsible is such as is required for the supervision of the relevant activity authorized by the licence; or
(ii) the licensee is a suitable person to hold a licence; or
(b) the person responsible dies or the person responsible or the licensee is convicted of an offence against this Ordinance.
(3) Where the Council has power to revoke a licence under subsection (1), it may instead vary any terms of the licence.
(4) The Council may vary or revoke a licence on an application by the person responsible or the licensee.
(5) The Council may, on an application by the licensee, vary a licence so as to designate another individual in place of the person responsible if—
(a) the Council is satisfied that the other individual has the prescribed qualifications, the character and experience of the individual are such as are required for the supervision of the relevant activity authorized by the licence and the individual will discharge the duty under section 24(1); and
(b) the application is made with the consent of the other individual.
(6) Except on an application under subsection (5), a licence may only be varied under this section—
(a) so far as it relates to the relevant activity authorized by the licence, the manner in which it is conducted or the conditions to which the licence is subject by virtue of section 23(1)(a)(ii); or
(b) so as to extend or restrict the premises to which the licence relates.
(7) For the avoidance of doubt, it is hereby declared that the revocation of a licence may be subject to such conditions, if any, as the Council thinks fit specified in the notice effecting the revocation.

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

28. Procedure for refusal, etc. of licence
(1) Where the Council proposes to—
(a) refuse to grant a licence;
(b) grant a licence in respect of part only of the premises or relevant activity specified in the application concerned;
(c) grant a licence subject to conditions; or
(d) refuse to vary a licence so as to designate another individual in place of the person responsible,
the Council shall give notice of the proposal, the reasons for it and the effect of subsection (3) to the applicant.
(2) Where the Council proposes to vary or revoke a licence, it shall give notice of the proposal, the reasons for it and the effect of subsection (3) to the person responsible and the licensee (but not to any person who has applied for the variation or revocation).
(3) If, within the period of 28 days beginning with the day on which notice of the proposal is given, any person to whom notice was given under subsection (1) or (2) gives notice to the Council of a wish to make to the Council representations about the proposal in any way referred to in subsection (4), the Council shall, before making its determination, give the person an opportunity to make representations in that way.
(4) The representations may be—
(a) oral representations made by the person, or another person acting on behalf of the person, at a meeting of the Council;
(b) written representations made by the person.
(5) The Council shall—
(a) in the case of a determination to grant a licence, give notice of the determination to the licensee and the person responsible;
(b) in the case of a determination to refuse to grant a licence, or to refuse to vary a licence so as to designate another individual in place of the person responsible, give notice of the determination to the applicant; and
(c) in the case of a determination to vary or revoke a licence, give notice of the determination to the licensee and the person responsible.
(6) The Council shall, in giving notice of a determination to—
(a) refuse to grant a licence;
(b) grant a licence in respect of part only of the premises or relevant activity specified in the application concerned;
(c) grant a licence subject to conditions;
(d) refuse to vary a licence so as to designate another individual in place of the person responsible; or
(e) vary or revoke a licence otherwise than on an application by the licensee or the person responsible,
also give in the notice the reasons for its decision.
(7) In this section, conditions (條件) do not include conditions to which a licence is subject by virtue of regulations made under section 45(2)(a).
(8) It is hereby declared that conditions to which a licence is subject by virtue of regulations made under section 45(2)(a) do not need to be specified in the licence in order for the licence to be so subject.