Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/31

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HUMAN REPRODUCTIVE TECHNOLOGY
ORDINANCE

Ord. No. 47 of 2000
A1753


(b) that the defendant believed on reasonable grounds—
(i) that the other person was at the material time the person responsible under a licence or a person designated by virtue of section 24(3)(b) as a person to whom a licence applied; and
(ii) that the defendant was authorized by virtue of the licence or directions to do that thing.

(7) It is a defence for a person charged with an offence against this Ordinance to show—

(a) that at the material time he was a person to whom a licence applied; and
(b) that he took all such steps as were reasonable and exercised all due diligence to avoid committing the offence.

(8) Where the person responsible under a licence has committed an offence against this Ordinance, the licensee shall be guilty of the like offence unless the licensee shows that the act or omission constituting the offence took place without his knowledge or consent.

40. Consent to prosecution

No proceedings for an offence against this Ordinance shall be instituted except by or with the consent of the Secretary for Justice.

PART VII
Miscellaneous

41. Appeals against certain decisions of Council

Any person aggrieved by a decision made in respect of him by the Council where the decision is—

(a) a determination referred to in section 28(5) to which section 28(6) applies; or
(b) the suspension of a licence under section 29,

may appeal to the Administrative Appeals Board against that decision.

42. Power of Council to specify forms

(1) Subject to subsection (2), the Council may specify the form of any licence or application under this Ordinance and the form of such other documents required for the purposes of this Ordinance as it thinks fit.