LC: Human Reproductive Technology Bill

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Following is the speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in moving the second reading of the Human Reproductive Technology Bill in the Legislative Council today (Wednesday):

Madam President,

I move that the Human Reproductive Technology Bill be read the second time.

We propose to enact the Human Reproductive Technology Ordinance to ensure, through statutory measures, that reproductive technology will be safely practised and the rights of users and children born through reproductive technology will be protected. We established a Provisional Council on Reproductive Technology in 1995 to advise Government on the drafting of legislation.

In view of reproductive technology involves various social issues, the Bill provides for the establishment of a statutory Council on Human Reproductive Technology, which will be responsible for keeping under review and monitoring the development and use of reproductive technology in Hong Kong. The Bill provides for the membership of the Council to be drawn from a wide cross-section of the community, including medical practitioners, social workers, lawyers and persons who are associated with religion. This is to enable the Council to consider wholly the medical, social, moral, ethical and legal issues arising from reproductive technology.

Upon enactment of the Ordinance, providers of reproductive technology services and persons conducting embryo research should obtain a licence before carrying on any relevant activities in premises specified in the licence. The carrying on of such activities without a licence is an offence. The Council will prepare a code of practice to provide detailed guidelines on reproductive technology and other relevant activities for compliance by service providers. When considering whether to renew a licence, the Council will take into account whether the person responsible has complied with the code.

The Bill prohibits sex selection through reproductive technology, except with two registered medical practitioners' written confirmation, in order to prevent severe sex-linked genetic diseases by sex selection.

In order to minimise the ethical problems arising from surrogacy arrangements, we propose to prohibit commercial surrogacy. This disallows a woman to be paid to carry another couple's child. Also prohibited will be cloning of human embryos and trading in gametes or embryos and fetal ovarian or testicular tissues.

Having taken into account the importance of a family to the upbringing of a child, we propose to limit generally the provision of reproductive technology services to persons who are married to each other. This is to allow children to be raised and taken care of by both father and mother.

The Bill also provides for the Council to maintain in a register information about donors and reproductive technology procedures performed involving donated gametes or donated embryos. Persons aged 16 and above will be able to ascertain from the Council whether they were born following a reproductive technology procedure. In order to reduce the chance of accidental incest, they may also ascertain from the Council whether the person and the person's proposed spouse might be related.

When drafting the Bill, the Provisional Council and Government have carefully considered and examined various social issues arising from the use of reproductive technology. The aim of our proposals is to protect the rights of the users and the children born through reproductive technology. I believe the content of the Bill will be acceptable to most people.

Madam President, I beg to move.

End/Wednesday, September 9, 1998

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