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Law and MedicineCurrent Legal Issues Volume 3$
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Michael Freeman and Andrew Lewis

Print publication date: 2000

Print ISBN-13: 9780198299189

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299189.001.0001

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Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants?

Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants?

(p.472) (p.473) Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants?
Law and Medicine

Athena Liu

Oxford University Press

Organ transplant raises difficult legal and ethical issues. Organs may come from a live or dead donor, and a donor may be an adult or a minor. This chapter deals with only live adult (over eighteen) donors and recipients. Live transplant is mainly governed by the Human Organ Transplant Ordinance (HOTO) which has two main objectives: first, to prevent organ trading, which can take two forms: commercial agencies acting as intermediaries between donors and recipients, and recipients buying organs by paying potential donors as a means of inducing a donation which would not otherwise have taken place. The other objective of the HOTO is to protect the right to self-determination of both donors and recipients. The chapter first examines the scope of the HOTO by reference to the meaning of ‘organ’ and ‘payment prohibited’. Parts II and III examine the legal structure for related and unrelated donations and the extent to which the objectives of the HOTO are achieved. Part IV examines the position of adult comatose recipients. In a recent Hong Kong case, such a patient died as a result of not being able to have a liver transplant. The chapter discusses the position of such a patient under a recent amendment to the HOTO and examines one of its implications.

Keywords:   organ transplant, live transplants, Human Organ Transplant Ordinance, donor, organ donation

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