Removal of parts of body where no request and deceased dies in bospital.
Authorized removal to
be lawful
(CD. 143
Power to give
authorization.
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 regis- tered 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(i) that the deceased had [expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or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. (E) Subject to subsections (3) and (4), where an authoriza- tion 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. be shall not, except with the consent of the coroner-
(c) 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.
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(2) In the case of the body of a deceased person lying in a hospital, nursing home or other similar institution, any authoriza- tion under section 2 or 3 may be given on behalf of the person baving 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.
This printed impression has been carefully compared by me with the Bill which passed the Legistative Council on the 24th day of July, 1968, and is found by me to be a true and correctly printed copy of the said Bill
Deputy Clerk of Councils.
(Secretariat GR 39/3231/55 (TC 125/67))
Saving-