Hong Kong Regulations

HUMAN ORGAN TRANSPLANT REGULATION - SECT 2A

Establishment of marriage that has subsisted for not less than 3 years

For the purposes of section 5 of the Ordinance, where a medical practitioner
is-

   (a)  to remove an organ from a living person with the intention of it being
        transplanted into another person who is, at the time of the
        transplant, the spouse of the person from whom the organ is to be
        removed and the marriage has subsisted for not less than 3 years; or

   (b)  to transplant the organ referred to in paragraph (a) into such spouse
        of such marriage, the fact of such relationship shall be established
        by means of-

        (i)    any document or documents- (A) issued under the
               Marriage Ordinance ( Cap 181) or the Marriage  Reform Ordinance
               ( Cap 178) which shows or show that the 2 persons are the
               parties to- (I) a marriage celebrated or contracted in
               accordance with the provisions of the Marriage Ordinance (
               Cap 181); (II) a modern marriage validated by the
               Marriage Reform Ordinance ( Cap 178); or (III) a customary
               marriage declared to be valid by the Marriage  Reform Ordinance
               ( Cap 178); or (B) equivalent to any document or documents
               issued under the Marriage Ordinance ( Cap 181) or the
               Marriage Reform Ordinance ( Cap 178) which shows or show that
               the 2 persons are the parties to a marriage celebrated or
               contracted outside Hong Kong in accordance with the law in
               force at the time and in the place where the marriage was
               performed; and

        (ii)   a statutory declaration by either of the 2 persons to the
               effect that the marriage has subsisted for not less than 3
               years. (L.N. 168 of 1999)