HKLII Hong Kong Ordinances

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PARENT AND CHILD ORDINANCE - SECT 14

Consents required for taking of bodily samples

(1) Subject to subsections (3) and (4), a bodily sample which is required to
be taken from any person for the purpose of giving effect to a direction under
section 13 shall not be taken from that person except with his consent.

(2) The consent of a minor who has attained the age of 16 years to the taking
from himself of a bodily sample shall be as effective as it would be if he
were of full age; and where a minor has by virtue of this subsection given an
effective consent to the taking of a bodily sample it shall not be necessary
to obtain any consent for it from any other person.

(3) A bodily sample may be taken from a person under the age of 16 years, not
being a person referred to in subsection (4), if the person who has the care
and control of him consents.

(4) A bodily sample may be taken from a person who is suffering from mental
disorder within the meaning of the Mental Health Ordinance ( Cap 136) and is
incapable of understanding the nature and purpose of scientific tests if the
person who has the care and control of him consents and has certified that the
taking of a bodily sample from him will not be prejudicial to his proper care
and treatment.

(5) This section is without prejudice to section 15. (Enacted 1993) [cf. 1969
c. 46 s. 21 U.K.]



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