XN000022-1989-12-13 — Page 27

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WEDNESDAY, DECEMBER 13, 1989

MR SHIPMAN POINTED OUT THAT THERE WAS ALREADY PROVISION IN THE MEDICAL (THERAPY, EDUCATION AND RESEARCH) ORDINANCE FOR DOCTORS TO REMOVE ANY PART OF A DECEASED PERSON'S BODY FOR THERAPEUTIC PURPOSES WHERE THE DECEASED PERSON HAD EXPRESSED SUCH A REQUEST IN WRITING AT ANY TIME OR ORALLY IN THE PRESENCE OF TWO OR MORE WITNESSES DURING HIS LAST ILLNESS.

THAT

"WHERE THERE IS EVIDENCE THAT SUCH CONSENT HAS BEEN GIVEN, AND NO REASON TO BELIEVE

IT HAS SUBSEQUENTLY BEEN REVOKED, THE CONSENT OF THE NEXT OF KIN IS NOT REQUIRED BEFORE TRANSPLANTATION BE PERFORMED.

MAY

SUCH

"THE SAME ORDINANCE ALSO PROVIDES THAT IN THE ABSENCE OF AN EXPRESSED WISH ON BEHALF OF THE DECEASED, THE REMOVAL OF HIS

REGISTERED

OF ORGANS MAY PROCEED WITH THE CONSENT OF THE

NEXT

KIN,

SUBJECT TO THERE BEING NO REASON TO

THAT THE DECEASED HAD EXPRESSED OBJECTION OR THAT THE SURVIVING SPOUSE, PARENT OR CHILD THE DECEASED SO OBJECTS, HE SAID.

14

BELIEVE

TISSUE

FOR

OF

ACT

THE

THE ORDINANCE, WHICH WAS SIMILAR TO THE 1961 HUMAN IN THE UNITED KINGDOM, PROVIDED ADEQUATE LEGAL BACKING TRANSPLANTATION OF ORGANS WHERE THE NECESSARY CONSENT HAD BEEN

OBTAINED.

"TO FACILITATE THE READY AVAILABILITY OF EVIDENCE OF CONSENT, KIDNEY AND EYE DONATION CARDS ARE ISSUED BY THE HOSPITAL SERVICES DEPARTMENT ON REQUEST, MR SHIPMAN SAID.

||

ACTIVITIES PERMITTED ACCORDING TO LAW

THE CHIEF SECRETARY, THE HON SIR DAVID FORD, TODAY (WEDNESDAY)

BOTH ASSURED MEMBERS OF THE LEGISLATIVE COUNCIL THAT

THE NOW AND IN FUTURE, THE ACTIVITIES PERMITTED, OR NOT PERMITTED, IN HONG KONG, ARE DECIDED ENTIRELY IN ACCORDANCE WITH THE LAW OF HONG KONG.

IN REPLY TO A QUESTION FROM THE HON RONALD CHOW, SIR DAVID ENJOYED MORE SAID NO INDIVIDUAL OR GROUP OF INDIVIDUALS IN HONG KONG TOLERANCE OR SUFFERED MORE RESTRICTION THAN THE LAW ALLOWED.

"WHERE THE LAW CONFERS ANY DISCRETION ON THE AUTHORITY INTEREST INTO CONCERNED, THE ADMINISTRATION TAKES THE OVERALL PUBLIC ACCOUNT IN EXERCISING THAT DISCRETION, THE CHIEF SECRETARY SAID.

"

REGARDING THE QUESTION ON THE INTERNATIONAL CONVENANT ON CIVIL AND POLITICAL RIGHTS, AS APPLIED TO

HONG, SIR DAVID SAID IT WOULD REMAIN IN FORCE AS PROVIDED FOR IN THE JOINT DECLARATION.

HONG

/THE CHIEF