Press Releases

HWFB explains organ transplant law

        In response to press reports that a Miss Kan had pleaded for discretion in relaxing the minimum age of 18 for a person to become a donor so that she could donate her liver to her mother, a Health, Welfare and Food Bureau spokesperson said today (August 26) the bureau fully sympathised with Miss Kan's difficult position.

        "The Hospital Authority will continue to render assistance and support to Miss Kan and her mother," the spokesperson said.

        "Under the existing law (Human Organ Transplant Ordinance), the minimum age for a person to become a donor is 18 years or over 16 years and married. The purpose of setting an age limit is to protect the interest of the minors.

        "The age requirement helps to ensure that a potential live donor is capable of fully understanding the implications of his/her decision to donate an organ, and of making that decision independently.

        "There is no discretion given to the administration of this law," the spokesperson said.

        "Age limits on organ donation are also imposed in other jurisdictions, and in Hong Kong a person is considered to come of age when he/she reaches 18.

        "In fact, the minimum age requirement was discussed by the Legislative Council when the Bills Committee deliberated on the Human Organ Transplant (Amendment) Bill earlier this year.

        "On the suggestion of the Bills Committee, the Administration revisited the provision and agreed with the suggestion to change the minimum age requirement to 18 years old irrespective of the donor's marital status. This uniform age requirement of 18 was included in the Human Organ (Amendment) Ordinance enacted in July and will be brought into effect later this year," the spokesperson said.

Ends/Thursday, August 26, 2004

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