Hong Kong Regulations

HUMAN REPRODUCTIVE TECHNOLOGY (LICENSING) REGULATION - SECT 15

Specific conditions relating to storage

(1) For the purposes of section 10(4)(b) and (6)(b), the following are the
specific conditions specified in relation to every treatment licence or
storage licence—

   (a)  embryos may be stored in the licensed premises only for and on behalf
        of the parties to a marriage;

   (b)  in the case of a treatment licence, an embryo the creation of which
        was brought about in vitro otherwise than pursuant to the licence may
        be stored in the licensed premises only if acquired from a person to
        whom another licence applies or imported in accordance with the code;

   (c)  in the case of a storage licence, an embryo the creation of which was
        brought about in vitro may be stored in the licensed premises only if
        acquired from a person to whom another licence applies or imported in
        accordance with the code;

   (d)  a person shall not be allowed to collect his or her own gametes or
        embryos from the licensed premises except in circumstances specified
        in the code;

   (e)  except as provided in subsection (3)—

        (i)    a gamete or embryo shall not be stored in the licensed premises
               beyond the period as provided in subsection (2); and

        (ii)   the gamete or embryo shall, upon the expiry of that period, be
               disposed of according to the instructions given in the consent
               form required by the code to be signed by the person entitled
               to the gamete or embryo; and

   (f)  a Donors Register shall be properly kept and maintained in, or readily
        accessible from, the licensed premises.

(2) For the purposes of subsection (1)(e), regardless of whether any gamete or
embryo has been stored in any premises before or since the commencement of
this section, it shall not be stored in the licensed premises beyond the
following period starting from the day on which the gamete or embryo begins to
be stored—

   (a)  in the case of an anonymous donation, the shorter of the following—

        (i)    10 years; or

        (ii)   the period up to the time when the donated gametes or embryos
               have brought about 3 live birth events, or such other number of
               live birth events as specified by the donor, whichever is
               smaller;

   (b)  in the case of a person whose gametes or embryos are stored for use in
        a reproductive technology procedure to be provided to the person, 10
        years;

   (c)  except as otherwise provided by the code, in the case of a donation
        made by the donor to a recipient designated by the donor in the
        circumstances permitted under the code, 2 years;

   (d)  in the case of a cancer patient, or any other patient, who may be
        rendered infertile as a result of chemotherapy, radiotherapy, surgery
        or other medical treatment—

        (i)    for gametes, the longer of the following— (A) 10 years; or
               (B) the period up to the time when the patient reaches the age
               of 55 years; and

        (ii)   for embryos, 10 years.

(3) Subject to subsections (4) and (5), subsection (1)(e) does not apply to
any gamete or embryo if—

   (a)  it has been stored in any premises before the commencement of this
        section; and

   (b)  the Council is satisfied that the person responsible under the licence
        has used his best endeavours but failed to obtain the consent of the
        person entitled to the gamete or embryo to dispose of it.

(4) If the gametes or embryos donated by any single donor fall within the
description in subsection (3) and no proper record is kept of any live birth
event brought about by them, those gametes or embryos shall not be used in any
reproductive technology procedure—

   (a)  after they have brought about 3 live birth events since the
        commencement of this section; or

   (b)  after the expiry of 2 years from the commencement of this section,
        whichever is earlier.

(5) If the gametes or embryos donated by any single donor fall within the
description in subsection (3) and proper record is kept of any live birth
event brought about by them, but there is no proper record of the day from
which they have been stored, those gametes or embryos shall not be used in any
reproductive technology procedure—

   (a)  after they have brought about 3 live birth events, or such other
        number of live birth events as specified by the donor, whichever is
        smaller; or

   (b)  after the expiry of 2 years from the commencement of this section,
        whichever is earlier.