XN000022-1992-04-08 — Page 12

WEDNESDAY, APRIL 8, 1992

10

HUMAN ORGAN TRANSPLANT BILL INTRODUCED

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A BILL WHICH PROHIBITS COMMERCIAL TRADING IN HUMAN ORGANS, WHETHER OBTAINED FROM LIVING OR DECEASED DONORS, AND REGULATES THE USE OF ORGANS OBTAINED FROM LIVE DONORS IN THE TERRITORY WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

BILL,

MOVING THE SECOND READING OF THE HUMAN ORGAN TRANSPLANT THE SECRETARY FOR HEALTH AND WELFARE, MRS ELIZABETH WONG, POINTED OUT THAT THE BILL DID NOT IN ANY WAY RESTRICT VOLUNTARY DONATIONS, ADDING THAT THESE ARE INDEED TO BE PRAISED AND ENCOURAGED.

BUT

COMPASSION, PURPOSES OF REPUGNANT.

UNLIKE VOLUNTARY DONATION THROUGH CARING FOR OTHERS AND THE PRACTICE OF BUYING AND SELLING HUMAN ORGANS FOR TRANSPLANT IS BOTH ETHICALLY UNACCEPTABLE AND MORALLY

...

"THERE CAN BE NO JUSTIFICATION FOR DEBASING THE VALUE OF THE INDIVIDUAL BY ALLOWING THE EXISTENCE OF A 'MARKET' IN HUMAN ORGANS, SHE SAID.

"COMMERCIAL ORGAN TRADING AND 'DONATION' UNDER DURESS IS CONDEMNED WORLDWIDE,' SHE SAID.

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THE HONG KONG MEDICAL ASSOCIATION HAS ADOPTED GUIDELINES AGAINST COMMERCIAL ORGAN TRADING AND ALSO URGED MEMBERS OF THE PROFESSION NOT TO BE INVOLVED IN SUCH ACTIVITIES ON GROUNDS OF PROFESSIONAL ETHICS.

NOTING THAT NO CASE OF COMMERCIAL ORGAN TRANSPLANT HAD BEEN RECORDED IN HONG KONG, MRS WONG FELT THAT TIGHTER LEGISLATIVE CONTROL IS NECESSARY.

"WE THEREFORE PROPOSE NEW LEGISLATION AND HEAVY SANCTION : THE HUMAN ORGAN TRANSPLANT BILL 1992 WILL PROVIDE FOR THIS, SHE ADDED.

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THE BILL SEEKS TO BAN ADVERTISING AND SOLICITATION RELATED TO COMMERCIAL ORGAN TRADING.

THE PENALTY FOR INITIATING OR NEGOTIATING ANY ARRANGEMENT INVOLVING PAYMENT FOR AN ORGAN WILL BE A FINE OF $10,000 CONVICTION AND $25,000 PLUS IMPRISONMENT FOR ONE YEAR UPON CONVICTION.

FOR FIRST SUBSEQUENT

TRANSPLANT OF ORGANS FROM LIVING DONORS WILL ALSO BE PROHIBITED UNLESS THE DONOR IS GENETICALLY RELATED OR MARRIED TO THE PROSPECTIVE RECIPIENT, OR UNLESS APPROVAL IS OBTAINED FROM THE HUMAN ORGAN TRANSPLANT BOARD.

FAILURE TO COMPLY WITH THIS STIPULATION WILL ATTRACT A $10,000 FINE FOR THE FIRST CONVICTION AND A $25,000 FINE AND IMPRISONMENT ONE YEAR FOR SUBSEQUENT CONVICTIONS.

THE SECRETARY ALSO MENTIONED THAT THE BILL SUPPLEMENTED DID NOT SUPPLANT A MEDICAL PRACTITIONER'S OWN CODE OF ETHICS.

FOR

BUT

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