MEDICAL (THERAPY, EDUCATION AND RESEARCH) ORDINANCE

MEDICAL (THERAPY, EDUCATION AND RESEARCH) ORDINANCE

LAWS OF HONG KONG

MEDICAL (THERAPY,, EDUCATION AND RESEARCH)

ORDINANCE

CHAPTER 278





CHAPTER 278.

MEDICAL (THERAPY, EDUCATION AND RESEARCH).

To make provision for the use of parts of bodies of deceased persons for
therapeutic purposes and for purposes of medical education and
research.

[26th July, 1968.1

1. This Ordinance may be cited as the Medical (Therapy, Education
and Research) Ordinance.

2. If any person, either in writing at any time or orally in the
presence of two or more witnesses during his last illness, has expressed
a request that his body or any specified part of his body be used after
his death for therapeutic purposes or for purposes of medical education
or research, the person who has lawful possession of his body after his
death may, unless he has reason to believe that the request was
subsequently withdrawn, authorize in writing the removal from the body
of any part or, as the case may be, of the specified part, for use in
accordance with the request.

3. (1) Without prejudice to section 2, the person who has lawful
possession of the body of a deceased person who has died in a
hospital, nursing home or other similar institution, may authorize in
writing the removal of any part from the body for use for therapeutic
purposes or for purposes of medical education or research, if

(a)he has obtained the written consent of the registered next of
kin of the deceased; and

(b)having made such reasonable inquiries from the registered
next of kin as may be practicable, he has no reason to believe

(i) that the deceased had expressed an objection to his body
being so dealt with after his death, and had not withdrawn it;
or

(ii) that the surviving spouse or any surviving parent or
child of the deceased objects to the body being so dealt with.

(2) For the purposes of this section, 'registered next of kin', in
relation to a person who dies in a hospital, nursing home or other similar
institution, means the person who is recorded as the next of kin of the
deceased in any form or document made out at the time of or after the
admission of the deceased into such hospital, nursing home or other
similar institution.





4. (1) Subject to subsections (3) and (4), where an authorization has
been given in respect of the body of a deceased person under section 2
or 3, the removal and use of any part of the body in accordance with
such authorization shall be lawful.

(2) Such authorization shall not be questioned or challenged in any
court.

(3) No such removal shall be effected except by a registered medical
practitioner, who shall have satisfied himself by personal examination of
the body that life is extinct.

(4) Where a person has reason to believe that under the Coroners
Ordinance a coroner may hold an inquiry into the cause of the death of
any person or order a post-mortem examination, he shall not, except with
the consent of the coroner--

(a)give an authorization in respect of the body of that person
under section 2 or 3; or

(b) act on such an authorization given by any other person.

5. (1) No person who has been entrusted with the body of a
deceased person for the purposes of its burial or cremation shall give an
authorization under section 2 or 3.

(2) In the case of the body of a deceased person lying in a hospital,
nursing home or other similar institution, any authorization under
section 2 or 3 may be given on behalf of the person having the control
and management of the hospital, nursing home or institution by any
officer or other person designated for that purpose by the person
having such control and management.

6. Nothing in this Ordinance shall be construed as rendering
unlawful any dealing with, or with any part of, the body of a deceased
person which would have been lawful if this Ordinance had not been
enacted.
Originally 32 of 1968. Short title. Removal of parts of body or specified parts in accordance with a request. Removal of parts of body where no request and deceased dies in hospital. Authorized removal to be lawful. (Cap. 14.) Power to give authorization. Saving.

Originally 32 of 1968. Short title. Removal of parts of body or specified parts in accordance with a request. Removal of parts of body where no request and deceased dies in hospital. Authorized removal to be lawful. (Cap. 14.) Power to give authorization. Saving.

https://oelawhk.lib.hku.hk/items/show/3073

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