Hong Kong Regulations

HUMAN ORGAN TRANSPLANT REGULATION - SECT 3

Information that must be supplied to the board and the persons who must supply it

(1) For the purposes of section 6(1) of the Ordinance, the following persons
shall supply to the board the specified information in the prescribed form for
each organ removed or transplanted-

   (a)  a medical practitioner who, in Hong Kong, removed an organ from a
        donor, whether living or dead, for the purpose of its being
        transplanted into another person shall supply the relevant information
        in Form 1 in the Schedule;

   (b)  a medical practitioner authorized by an organ bank in the case where a
        technician appointed by the bank removed an organ from a dead donor in
        Hong Kong, for the purpose of its being transplanted into another
        person, shall supply the relevant information in Form 1 in the
        Schedule. In the case where the organ bank is established under a
        hospital or institution, the authorization of medical practitioner(s)
        or appointment of technician(s) shall be given or made by the hospital
        or institution; (L.N. 615 of 1997)

   (c)  a medical practitioner who, in Hong Kong, transplanted an organ into a
        person, regardless of whether such organ was removed in Hong Kong or
        elsewhere, shall supply the relevant information in Form 2 in the
        Schedule; (L.N. 615 of 1997)

   (d)  a person who is responsible for making the decision to dispose of-

        (i)    an organ for which a Form 1 has already been filed and in which
               form information is given that the organ is being kept in a
               hospital, clinic or other institution; or

        (ii)   an imported organ for which a certificate was supplied to the
               board, shall supply the information in Form 3 in the Schedule.
               (L.N. 615 of 1997)

(2) For the purposes of subsection (1)(a) and (c), where more than one medical
practitioner is involved in removing or transplanting an organ, any of the
medical practitioners may supply the relevant information but the medical
practitioner who is in charge of the surgical operation shall ensure that the
relevant information is supplied. (L.N. 615 of 1997)

(3) For the purposes of subsection (1)(b), where a medical practitioner
authorized by an organ bank shall supply the relevant information, the medical
practitioner in charge of the organ bank, whether or not the bank is
established under a hospital or institution, shall ensure that the relevant
information is supplied. (L.N. 615 of 1997)

(4) Each form required to be submitted to the board under subsection (1) shall
be submitted within 30 days after the relevant event took place or within such
longer period as the board, on application, may allow. (L.N. 615 of 1997)

(5) Where the board gave its approval under section 5(3) of the Ordinance for
an organ to be removed from a living person for transplant into another person
and the organ is subsequently not removed- (L.N. 615 of 1997)

   (a)  the person who caused the matter to be referred to the board for its
        approval; or

   (b)  where the person referred to in paragraph (a) is no longer involved in
        the matter, the person who made the decision not to remove the organ,
        shall, within 30 days after such approval was given or within such
        longer period as the board, on application, may allow, supply the
        relevant information in Form 1.