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

35. Disclosure in interests of justice
(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 9, 10 and 11 of the Parent and Child Ordinance (Cap. 429) falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Council—
(a) to disclose whether or not any information relevant to that question is contained in Register A; and
(b) if it is, to disclose so much of it as is specified in the order,
but such an order may not require the Council to disclose any information which may identify any individual by virtue of whose gametes the information falls within section 33(2).
(2) The court shall not make an order under subsection (1) unless it is satisfied that the interests of justice require it to do so, taking into account—
(a) any representations made by any individual who may be affected by the disclosure; and
(b) the welfare of any minor who may be affected by the disclosure.
(3) If the proceedings before the court are civil proceedings, the court—
(a) may direct that the whole or any part of the proceedings on the application for an order under subsection (1) shall be heard in camera; and
(b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.
(4) An application for a direction under subsection (3) shall be heard in camera unless the court otherwise directs.
(5) In this section, court (法庭) includes a magistrate.

36. Information to be provided to Registrar
(1) In this section, Registrar (登記官) means Registrar within the meaning of the Births and Deaths Registration Ordinance (Cap. 174).
(2) This section applies where a claim is made before the Registrar that a man is or is not the father of a child and it is necessary or desirable for the purpose of any function of the Registrar to determine whether the claim is or may be well-founded.
(3) The Council shall comply with any request made by the Registrar by notice to the Council to disclose whether any information in Register A tends to show that the man may be the father of the child by virtue of section 10 of the Parent and Child Ordinance (Cap. 429) and, if it does, disclose that information.

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

37. Power of authorized persons to enter premises to which licence relates
(1) An authorized person may at any reasonable time enter and inspect any premises to which a licence relates and therein—
(a) take possession of anything which he has reasonable grounds to believe may be required for the purpose of—
(i) any function of the Council relating to the grant, variation, suspension or revocation of licences; or
(ii) being used in evidence in any proceedings for an offence against this Ordinance,
and retain it for so long as it may be required for that purpose; and
(b) for that purpose, take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.
(2) In subsection (1)—
(a) the references to things include information recorded in any form; and
(b) the reference to taking possession of anything includes, in the case of information recorded otherwise than in legible form, requiring any person having the power to do so to produce a copy of the information in legible form and taking possession of the copy.
(3) Nothing in this Ordinance makes it unlawful for an authorized person to keep any embryo or gametes pursuant to that person’s functions as such.
(4) An authorized person shall not exercise his power under subsection (1) in respect of any premises in such a way as to unduly disrupt any activities being lawfully carried on in the premises, whether by the licensee under the licence which relates to the premises or any other person.
(5) Where an authorized person exercises his power under subsection (1), the licensee under the licence concerned shall, without charge, afford the authorized person such facilities or assistance as the authorized person may reasonably require for the purposes of the inspection concerned.

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

38. Power of authorized persons to enter premises
(1) A magistrate may issue a warrant under this section if satisfied by information upon oath by an authorized person that there are reasonable grounds for believing that an offence against this Ordinance is being, or has been, committed on any premises, and whether or not a licence relates to those premises.
(2) A warrant under this section shall authorize any named authorized person, together with such assistants as may be necessary—
(a) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; and
(b) to search the premises and—
(i) take possession of anything which he has reasonable grounds to believe may be required to be used in evidence in any proceedings for an offence against this Ordinance; or
(ii) take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.
(3) A warrant under this section shall continue in force until the end of the period of 30 days beginning with the day on which it is issued.
(4) Anything of which possession is taken under this section may be retained—
(a) for a period of 6 months; or
(b) if within that period proceedings to which the thing is relevant are commenced against any person for an offence against this Ordinance, until the conclusion of those proceedings.
(5) In this section—
(a) the references to things include information recorded in any form; and
(b) the reference in subsection (2)(b)(i) to taking possession of anything includes, in the case of information recorded otherwise than in legible form, requiring any person having the power to do so to produce a copy of the information in legible form and taking possession of the copy.
(6) Without prejudice to the generality of section 11(2), where an authorized person, pursuant to a warrant issued under this section, exercises his power under subsection (2) in respect of the premises specified in the warrant, he shall produce the warrant for inspection by any person found in those premises who questions his authority to exercise that power in respect of those premises.
(7) This section shall not operate to prejudice the generality of section 37.