To make provision for the use of parts of bodies of deceased persons for therapeutic purposes and for purposes of medical education and research.
[26 July 1968]
(Format changes—E.R. 5 of 2018)
This Ordinance may be cited as the Medical (Therapy, Education and Research) Ordinance.
If any person, either in writing at any time or orally in the presence of 2 or more witnesses during his last illness, has expressed a request that his body or any specified part of his body be used after his death for therapeutic purposes or for purposes of medical education or research—
the person who has lawful possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorize in writing the removal from the body of any part or, as the case may be, of the specified part, for use in accordance with the request; and
an authorization validly given under paragraph (a) shall remain valid notwithstanding any objection by the next of kin of the person who has expressed the request to the body being dealt with in accordance with the request after the death.
(Replaced 68 of 1995 s. 58)
Without prejudice to section 2, the person who has lawful possession of the body of a deceased person who has died in a hospital, nursing home or other similar institution, may authorize in writing the removal of any part from the body for use for therapeutic purposes or for purposes of medical education or research, if—
he has obtained the written consent of the registered next of kin of the deceased; and
having made such reasonable inquiries from the registered next of kin as may be practicable, he has no reason to believe—
that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or
that the surviving spouse or any surviving parent or child of the deceased objects to the body being so dealt with.
Subject to subsections (3) and (4), where an authorization has been given in respect of the body of a deceased person under section 2 or 3, the removal and use of any part of the body in accordance with such authorization shall be lawful.
Such authorization shall not be questioned or challenged in any court.
No such removal shall be effected except by a registered medical practitioner, who shall have satisfied himself by personal examination of the body that life is extinct.
Where a person has reason to believe that under the Coroners Ordinance (Cap. 504) a coroner may hold an inquest into the cause of the death of any person or order a post-mortem examination, he shall not, except with the consent of the coroner— (Amended 27 of 1997 s. 77)
give an authorization in respect of the body of that person under section 2 or 3; or
act on such an authorization given by any other person.
No person who has been entrusted with the body of a deceased person for the purposes of its burial or cremation shall give an authorization under section 2 or 3.
In the case of the body of a deceased person lying in a hospital, nursing home or other similar institution, any authorization under section 2 or 3 may be given on behalf of the person having the control and management of the hospital, nursing home or institution by any officer or other person designated for that purpose by the person having such control and management.
Nothing in this Ordinance shall be construed as rendering unlawful any dealing with, or with any part of, the body of a deceased person which would have been lawful if this Ordinance had not been enacted.