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

3. Establishment and functions of the board
(1) There is established a board to be known as the Human Organ Transplant Board.
(2) The board has the following functions—
(a) to give approval to the carrying out of a restricted organ removal or a restricted organ transplant in accordance with the provisions in this Ordinance;
(b) to receive any information and documents that by this Ordinance are required to be submitted or supplied to the board;
(c) to require any information or documents that the board may require to be provided under this Ordinance;
(d) to keep a record of information supplied to the board in pursuance of the regulations made under section 6;
(e) to receive and require information and documents in respect of imported organs in accordance with section 7;
(f) to make regulation to provide for any matter that by this Ordinance is required or permitted to be prescribed by the board;
(g) to perform any other functions that the board is required or permitted to perform under this Ordinance. (Replaced 29 of 2004 s. 6)
(3)-(4) (Repealed 29 of 2004 s. 6)

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

3B. Procedure of the board
The board may determine its own procedure, whether to be followed in general situations or in a particular case, but the procedure shall not be inconsistent with any provision in this Ordinance or in any regulation made under this Ordinance.
(Added 29 of 2004 s. 7)

3C. Application of Part VII of Interpretation and General Clauses Ordinance to the board and panel
Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) applies to the board and the panel, and to appointments to the board and the panel, except in so far as that Part is inconsistent with any provision in this Ordinance or in any regulation made under this Ordinance.
(Added 29 of 2004 s. 7)

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

5. Offence in respect of organ transplants between living persons
(1) Except as provided in section 5A(1), 5B(1) or 5C(1), no person shall carry out a restricted organ removal or a restricted organ transplant.
(2) A person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction, to a fine at level 5 and to imprisonment for 3 months; and
(b) on a subsequent conviction, to a fine at level 6 and to imprisonment for 1 year.
(Replaced 29 of 2004 s. 8)

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

5B. Transplants involving organs removed for donors’ therapy
(1) A registered medical practitioner may carry out a restricted organ transplant if he is satisfied that at the time the organ concerned was removed from its donor, it was removed for the therapy of the donor and not for transplant into any specific recipient.
(2) Subject to subsection (3), a registered medical practitioner who carries out a restricted organ transplant under subsection (1) shall—
(a) make a declaration in writing to the effect that—
(i) he had checked the related documents as defined in subsection (4) before he carried out that transplant;
(ii) he is satisfied that at the time the organ concerned was removed from its donor, it was removed for the therapy of the donor and not for transplant into any specific recipient; and
(iii) to the best of his knowledge and belief, no payment prohibited by this Ordinance has been made or is intended to be made;
(b) submit that declaration to the board within 30 days after the transplant, or within such longer period as the board may on application allow; and
(c) provide the board with any further information that it may reasonably require.
(3) A registered medical practitioner who carries out a restricted organ transplant under subsection (1) is not required to comply with subsection (2) if the organ concerned was removed from its donor before the commencement* of this section.
(4) In subsection (2)(a)(i), related documents (相關文件), in relation to a restricted organ transplant, means—
(a) a certificate issued by the registered medical practitioner who removes the organ concerned from its donor, certifying that the organ is removed for the therapy of the donor and not for transplant into any specific recipient; and
(b) a declaration made by that practitioner in writing to the effect that to the best of his knowledge and belief, no payment prohibited by this Ordinance has been made or is intended to be made.

(5) Despite section 13 of the Oaths and Declarations Ordinance (Cap. 11), the declaration mentioned in subsection (2) of this section is not required to be made and signed in the manner provided by section 14 of that Ordinance.
(6) A registered medical practitioner who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 5.
(7) A registered medical practitioner who, in purported compliance with subsection (2), makes a declaration that he knows to be false or misleading in a material respect, or recklessly makes a declaration 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) Editorial Note:
* Commencement date: 1 September 2011.

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

5C. Organ transplants with prior approval of the board
(1) A registered medical practitioner may carry out a restricted organ removal or a restricted organ transplant or both if the board has given its approval in writing.
(2) The board may give its approval under subsection (1) only if it is satisfied that—
(a) the proposed operation is referred to the board for its approval by a registered medical practitioner who has clinical responsibility for the donor concerned;
(b) the donor has been interviewed, in the absence of his recipient, by an interviewer, and the interviewer has reported to the board that the donor has understood all aspects of the proposed organ removal listed under section 5D(1)(b) and that the donor has given his consent as described in section 5D(1)(c); and
(c) subsection (3) or (4) is applicable.
(3) For the purpose of subsection (2)(c), this subsection is applicable only if—
(a) all the requirements in section 5D are complied with; and
(b) the recipient has been interviewed, in the absence of the donor, by an interviewer, and the interviewer has reported to the board that the recipient has understood all aspects of the proposed organ transplant listed under section 5D(1)(d).
(4) For the purpose of subsection (2)(c), this subsection is applicable only if—
(a) all the requirements in section 5D (except section 5D(1)(d)) are complied with;
(b) the requirements in subsection (3)(b) and in section 5D(1)(d) are waived in accordance with section 5E; and
(c) the following documents and information have been submitted to the board—
(i) a copy each of the certificates mentioned in section 5E(1)(a) and (b);
(ii) a copy of the medical report mentioned in section 5E(1)(c); and
(iii) any further information that the board may reasonably require.
(5) For the purposes of subsections (2)(b) and (3)(b)—
(a) an interviewer shall be a person whom the board considers to be suitably qualified to conduct an interview under those subsections but shall not be the registered medical practitioner who makes the explanation under section 5D(1)(b) or (d); and
(b) the interviewer who interviews the donor under subsection (2)(b) may but need not be the same interviewer who interviews the recipient under subsection (3)(b).
(Added 29 of 2004 s. 8)