East Week magazine interviewed Mr Gordon Chan regarding agencies arranging patients to undergo fertility treatment in licensed clinics in Hong Kong under a false pretence.
In an interview with East Week magazine, Mr Gordon Chan discussed the potential criminal liability of patients, agencies and the clinics.
Commercial surrogacy, “whether in Hong Kong or elsewhere”, is prohibited under Section 17 of the Human Reproductive Technology Ordinance (Cap 561). Thus, all parties, including agents, patients, and clinics, may be caught.
Reproductive clinics are licensed and regulated in Hong Kong by the Council on Human Reproductive Technology. In the Code of Practice, clinics are required to provide proper counselling to patients before carrying out any reproductive treatments and procedures. At the same time, a patient wishing to export her eggs or embryo must also declare that she does not intend to contravene the prohibited activities under ss 15, 16, and 17 (e.g. sex selection, commercial surrogacy, etc.) abroad. Thus, the use of a local licensed clinic under a false pretence may contravene section 36 of the Crimes Ordinance (Cap 200) for false declarations.
One must not overlook that reproductive clinics also involve medical treatment and medical staff. The provision of service is also subject to the stringent regulation of professional conduct.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
