XN000022-1993-11-17 — Page 5

WEDNESDAY, NOVEMBER 17, 1993

ORGAN DONATION MOTION DEBATE

FOLLOWING IS THE SPEECH BY THE ACTING SECRETARY FOR HEALTH WELFARE, DR SH LEE, IN THE MOTION DEBATE ON ORGAN DONATION IN LEGISLATIVE COUNCIL THIS EVENING:

AND

THE

MADAM DEPUTY,

I THANK MEMBERS OF THIS COUNCIL FOR THE VIEWS THEY HAVE EXPRESSED TODAY. ORGAN DONATION IS THE GIFT OF LIFE, BUT IN HONG KONG IT IS STILL AN ISSUE THAT AROUSES EMOTIVE REACTIONS FROM ALL THOSE IT TOUCHES.

ORGANS FOR DONATION COME FROM TWO SOURCES FROM LIVING DONORS (USUALLY A RELATIVE OF THE RECIPIENT) AND FROM PEOPLE WHO HAVE DONATED THEIR ORGANS UPON DEATH. THESE ARE CALLED CADAVERIC DONATIONS.

THE MEDICAL (THERAPY, EDUCATION AND RESEARCH) ORDINANCE PROVIDES THAT CADAVERIC DONATIONS MAY BE MADE IN THREE WAYS.

THIS IS THE THE ORGAN

FIRST, BY THE DONOR IN WRITING AT ANY TIME. PROVISION ON WHICH OUR ORGAN DONOR CARD SCHEME IS BASED. DONATION CARD IS AN ACCEPTABLE LEGAL DOCUMENT FURTHER CONSENT BY NEXT OF KIN IS NOT REQUIRED.

SECONDLY, A DONOR MAY GIVE CONSENT ORALLY DURING HIS LAST ILLNESS. AS A SAFEGUARD, CONSENT MUST BE GIVEN IN THE PRESENCE OF TWO OR MORE WITNESSES.

THIRDLY, IF THE DONOR HAS NOT CONSENTED DURING HIS LIFETIME HIS REGISTERED NEXT OF KIN MAY GIVE CONSENT AFTER HIS DEATH. AS A SAFEGUARD, THE DOCTOR MUST MAKE ENQUIRIES FROM THE REGISTERED NEXT OF KIN AND BE SATISFIED THAT THE DECEASED PERSON HAD NOT EXPRESSED ANY OBJECTION TO DONATION AND THAT THE DECEASED'S SURVIVING SPOUSE, PARENT OR CHILDREN DO NOT OBJECT.

IT

IS THEREFORE A MISCONCEPTION THAT OUR ORGAN DONATION SYSTEM RELIES SOLELY ON DONATIONS FROM PEOPLE WHO CARRY ORGAN DONATION CARDS. IT IS FAR MORE FLEXIBLE THAN THAT, YET ALSO PROVIDES GOOD SAFEGUARDS TO ENSURE THAT ORGANS ARE NOT REMOVED WITHOUT PROPER CONSENT.

TO HAVE ANY OTHER KIND OF ORGAN DONATION SYSTEM COULD BE DRACONIAN IN THE EYES OF THE HONG KONG COMMUNITY. AN OPTING-OUT SYSTEM, OF THE KIND PROPOSED BY SOME MEMBERS, WOULD IMPLY A TOTALITARIAN APPROACH. IT PRESUMES THAT SILENCE MEANS CONSENT WITH WHATEVER THE GOVERNMENT CHOOSES TO DO.

/AN OPTING-OUT