The Health, Welfare & Food Bureau stresses that under the existing Human Organ Transplant Ordinance, a potential live donor must have reached the age of 18. This helps to ensure that the person is capable of fully understanding the implications of his or her decision to donate an organ, and of making that decision independently.

The bureau was responding to press reports about a Miss Kan who pleaded for discretion in relaxing the minimum age of 18 so that she could donate her liver to her mother.

While the bureau fully sympathised with the difficult position that Miss Kan was facing, there was no discretion given to the administration of this law which aimed to protect the interest of minors.

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

Married person exception to end

At present, people who are over 16 years of age and married may become donors. However, the Legislative Council discussed the minimum age requirement 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 Hospital Authority will continue to render assistance and support to Miss Kan and her mother, the bureau added.