ENG-2008 — Page 221

Health | 169

Chinese Medicines

The regulation of Chinese medicines in Hong Kong is subject to the Chinese Medicine Ordinance. Any person engaged in retail or wholesale of Chinese medicines, manufacture or wholesale of proprietary Chinese medicines (pCm), is required to obtain a licence. Any pCm sold, imported or possessed in Hong Kong must be registered. The Chinese Medicine Council of Hong Kong is now the responsible body for devising and implementing regulatory measures for Chinese medicine. Applications for Chinese medicine trader licences and for registration of proprietary Chinese medicines have been accepted since April 2003. By the end of 2008, 9 980 and 16 408 applications respectively were received.

Human Organ Transplantation

Under the Human Organ Transplant Ordinance, transplant of human organs and importation of human organs for transplant purposes are regulated, and commercial dealings in human organs intended for transplant are prohibited. Approval from the statutory Human Organ Transplant Board is required for transplantation of human organs between living persons who are not genetically related or a couple whose marriage has subsisted for not more than three years. The board also collects certain information about transplant operations in prescribed statutory forms.

In 2008, the board received a total of 26 applications for organ transplants between living non-related persons. One organ was imported into Hong Kong for transplant purposes during the same year.

Human Reproductive Technology

Human reproductive technology activities are regulated to ensure the procedures are conducted in a safe and informed manner, and to safeguard the welfare of the child born through such technology. The Human Reproductive Technology Ordinance2 and its regulations, namely the Human Reproductive Technology (Licensing) Regulation and the Human Reproductive Technology (Fees) Regulation, came into full effect on August 1, 2007. Reproductive technology service providers and embryo researchers who wish to conduct relevant activities as regulated by the ordinance should obtain a licence for the activity issued by the Council on Human Reproductive Technology.

The ordinance confines the application of reproductive technology procedures to infertile married couples, regulates surrogacy arrangements and the use of embryos and gametes for research and other purposes, and prohibits commercial dealings in embryos or gametes and using donated gametes in surrogacy arrangement. With reference to international practices and in consultation with the reproductive technology profession, social workers, legal practitioners, academia and ethical groups, the council has drawn up a code of practice setting out the requirements, standards and good practices for embryo researchers and reproductive technology practitioners.

2

Except section 33(4)(a) of the ordinance.