Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/16

This page has been proofread, but needs to be validated.

HUMAN REPRODUCTIVE TECHNOLOGY
ORDINANCE

Ord. No. 47 of 2000
A1723


(b) seek to find a person willing to supply for payment a prescribed substance referred to in paragraph (a);
(c) initiate or negotiate any arrangement involving the making of any payment for the supply of, or for an offer to supply, a prescribed substance referred to in paragraph (a); or
(d) take part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include the initiation or negotiation of any arrangement referred to in paragraph (c).

(2) Without prejudice to the generality of subsection (1)(b), no person shall cause to be published or distributed, or knowingly publish or distribute, an advertisement—

(a) inviting persons to supply for payment a prescribed substance referred to in subsection (1)(a) or offering to supply any such prescribed substance for payment; or
(b) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in subsection (1)(c).

(3) In this section, “prescribed substance” (訂明物質) means—

(a) a gamete or embryo; or
(b) fetal ovarian, or fetal testicular, tissue.

17. Prohibition against surrogacy arrangements on commercial basis, etc.

(1) No person shall—

(a) whether in Hong Kong or elsewhere, make or receive any payment for—
(i) initiating or taking part in any negotiations with a view to the making of a surrogacy arrangement;
(ii) offering or agreeing to negotiate the making of a surrogacy arrangement; or
(iii) compiling any information with a view to its use in making, or negotiating the making of, surrogacy arrangements;
(b) seek to find a person willing to do any act which contravenes paragraph (a);
(c) take part in the management or control of a body of persons corporate or unincorporate whose activities consist of or include any act which contravenes paragraph (a); or
(d) carry out or participate in any act in furtherance of any surrogacy arrangement where he knows, or ought reasonably to know, that the arrangement is the subject of any act which contravenes paragraph (a).