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

6. Establishment of committees
(1) The Council may establish such committees for the better performance of its functions and exercise of its powers as it thinks fit.
(2) The relevant provisions of Schedule 1 shall have effect with respect to a committee and its members.
(3) Subject to the relevant provisions of Schedule 1, the Council—
(a) may appoint—
(i) members of the Council;
(ii) persons who are not such members (including the person responsible under a licence or the licensee),

to be members of a committee; and
(b) shall—
(i) appoint the chairperson and deputy chairperson of a committee;
(ii) determine the number of members of a committee.
(4) Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to a committee and appointments to the committee except in so far as it is inconsistent with the provisions of this Ordinance.
(5) The Secretary for Health shall appoint a Secretary to a committee. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

7. Functions and powers of committees
A committee (including any committee established pursuant to a provision of Schedule 1)—
(a) shall perform such functions and may exercise such powers as are—
(i) imposed or conferred on it under this Ordinance; or
(ii) delegated to it by the Council under section 10; and
(b) may, subject to the relevant provisions of Schedule 1 and to any directions of the Council, regulate its own procedure.

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

8. Code of practice
(1) The Council shall prepare and maintain 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 and other persons to whom the licence applies.
(2) The code may also give guidance about the use of any technique involving the placing of sperm and eggs in a woman.
(3) The Council may from time to time revise the whole or any part of the code.
(4) The Council shall publish the code as for the time being in force.
(5) The Council shall, in preparing or revising the code, consult with—
(a) persons to whom the code will or may apply; and
(b) such other interested persons,
as it thinks fit.
(6) The code, including the code as revised under subsection (3), shall not come into force until the Council publishes a notice in the Gazette—
(a) stating that it has, pursuant to this section, published the code or revised code, as the case may be; and
(b) specifying the place or places at which the code or revised code, as the case may be, is available to be obtained.
(7) The Council, in preparing or revising the code to the extent to which it relates, or may relate, to any child to be born in consequence of a reproductive technology procedure, shall treat as of paramount importance, and accept as a fundamental principle, the welfare of the child.

9. Use of code
A failure on the part of any person to observe any provision of the code shall not of itself render the person liable to any proceedings, but the Council—
(a) shall, in considering whether there has been any failure to comply with any conditions of a licence (including conditions referred to in section 45(2)(a)) and, in particular, conditions requiring anything to be “proper” or “suitable”, take account of any relevant provision of the code; and (Amended 17 of 2018 s. 134)
(b) shall, in considering, where it has power to do so, whether or not to vary, revoke or renew a licence, take into account any observance of or failure to observe the provisions of the code.

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

10. Delegations
(1) Subject to subsection (2), the Council may delegate in writing any of its functions and powers under this Ordinance to any committee, any member of the Council or of a committee or any designated public officer subject to such terms and conditions, if any, as it thinks fit and specified in the delegation.
(2) The Council shall not delegate any of its functions or powers under—
(a) subsection (1) or section 5(3), 6(1), 23, 27 or 45(2);
(b) any provisions of any regulations made under this Ordinance which are specified in the regulations as provisions which shall not be subject to subsection (1);
(c) any provisions of Schedule 1 which are specified in that Schedule as provisions which shall not be subject to subsection (1).
(3) A delegate of the Council—
(a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Council; and
(b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary.

11. Issue of certificates to authorized persons
(1) The Council shall issue to each authorized person a certificate as evidence that he is an authorized person.
(2) An authorized person shall, if so requested when exercising or attempting to exercise any power conferred on him under this Ordinance, produce the certificate issued to him under subsection (1).

12. Protection of members of Council, etc.
(1) No person to whom this subsection applies, acting in good faith, shall be personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Council under this Ordinance.
(2) The protection conferred under subsection (1) on any person to whom that subsection applies in respect of any act or default shall not in any way affect the liability of the Council for that act or default.
(3) The persons to whom subsection (1) applies are—
(a) any member of the Council or a committee;
(b) a designated public officer.

13. Prohibition against carrying on relevant activity except pursuant to licence
No person shall carry on a relevant activity except pursuant to a licence.

14. Prohibition against using donated gametes in surrogacy arrangement
Without prejudice to the operation of the Parent and Child Ordinance (Cap. 429), no person shall, for the purposes of a surrogacy arrangement, use gametes other than the gametes of 2 persons who are—
(a) the parties to a marriage; and
(b) the persons referred to in paragraph (a)(ii) of the definition of surrogate mother

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

17. Prohibition against surrogacy arrangements on commercial basis, etc.
(1) No person shall—
(a) whether in Hong Kong or elsewhere, make or receive any payment for—
(i) initiating or taking part in any negotiations with a view to the making of a surrogacy arrangement;
(ii) offering or agreeing to negotiate the making of a surrogacy arrangement; or
(iii) compiling any information with a view to its use in making, or negotiating the making of, surrogacy arrangements;
(b) seek to find a person willing to do any act which contravenes paragraph (a);
(c) take part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include any act which contravenes paragraph (a); or
(d) carry out or participate in any act in furtherance of any surrogacy arrangement where he knows, or ought reasonably to know, that the arrangement is the subject of any act which contravenes paragraph (a).
(2) Without prejudice to the generality of subsection (1)(b), no person shall cause to be published or distributed, or knowingly publish or distribute, an advertisement relating to surrogacy arrangements, and whether or not the advertisement invites persons to do any act which contravenes subsection (1)(a).

18. Surrogacy arrangements unenforceable
No surrogacy arrangement is enforceable by or against any of the persons making it.