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Following is a speech by Secretary for Health and Welfare, Dr E K Yeoh, to move the Second Reading of Human Organ Transplant (Amendment) Bill 2001 in the Legislative Council today (June 20):

Madam President,

I move the Second Reading of the Human Organ Transplant (Amendment) Bill 2001.

When the Human Organ Transplant Ordinance was last amended in 1999, it was agreed that a comprehensive review of the Ordinance should be conducted following the enactment of the Amendment Ordinance. Where appropriate, further amendments should be introduced as Stage II amendment to the Ordinance.

We have subsequently undertaken the review. On the basis of the comments collected and in the light of the operating experience of the Ordinance, we have identified certain aspects that may prevent the Human Organ Transplant Board from discharging its duties effectively. We are proposing to rectify these areas of deficiency in this legislative exercise. I would highlight some of the more significant amendments as follows :

First, we propose to set out in the Bill more clearly the definition of the terms "organ" and "payment". To cater for technology advancement in the medical field, we also propose to include a Schedule to the Ordinance listing out those human bodily parts that the commercial transaction of which are prohibited by the Ordinance, but transplants of them are not restricted for the purposes of sections 5 to 7 of the Ordinance.

Second, we propose that a vice-chairman and a panel comprising fourteen members from the four categories of members, namely, registered medical practitioner, social worker, legally qualified person and other members, shall be appointed by Secretary for Health and Welfare. This arrangement would help ensure that the Board can function properly and efficiently when the Chairman and some substantive members are not available.

Third, in view of the practical difficulties of fulfilling the stipulated procedures set out in Section 5 of the Ordinance for cases where organs to be used for the transplant, such as bone fragments, are removed previously for therapeutic purposes not directly connected to the subsequent transplant which could take place many months later. We propose that transplants of this type are not subject to the requirements set out in Section 5 of the Ordinance. As a safeguard, the registered medical practitioner is required to declare that no payment prohibited by the Ordinance has been or is intended to be made, and that the organ is removed primarily for therapeutic purpose of the donor.

Lastly, to specify clearly the role and functions of the Board in cases of imported organs, we propose to amend Section 7 to the effect that before the transplantation of an imported organ, a registered medical practitioner or a person who is acceptable to the Board must supply a certificate to the Board containing all the necessary information and statements, and any other information the Board may require.

Apart from the above-mentioned proposals, we also propose to introduce other minor amendments to the Ordinance to facilitate the smooth operation of the Board when considering organ transplant applications.

I would like to reiterate that the amendments proposed in the Bill will not alter our established policy of prohibiting commercial dealings in human organ intended for transplant. We consulted the LegCo Health Services Panel in April and there were general support for our proposals. I hope Members will accord favourable consideration to the Bill.

Thank you, Madam President.

End/Wednesday, June 20, 2001

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