Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/19

(3) The Council may grant a licence to an applicant notwithstanding that the applicant is an individual who is to be the person responsible if the Council is satisfied that, in all the circumstances of the case, the fact that the licensee and the person responsible are the same person will not prejudice the discharge of the duty under section 24(1) by the person responsible.

(4) Where subsection (3) is applicable to a licence, references in this Ordinance to a licensee shall be construed with all necessary modifications to take account of the fact that the licensee and the person responsible are the same person.

(5) The Council shall not grant a licence where 2 or more individuals are to be the person responsible unless it specifies in the licence which of the functions and powers imposed or conferred on a person responsible under this Ordinance shall be performed or exercised, as the case may be, in relation to that licence, by—

(a) any such individual alone;

(b) any such individuals jointly;

(c) each such individual,

and, in any such case, the provisions of this Ordinance shall be read and have effect with such modifications as are necessary to take into account any such licence.

(6) Neither this section nor this section as read with sections 28(5) and (6) and 41 shall operate so as to require the Council, under any circumstances, to grant a licence where 2 or more individuals are to be the responsible person, and whether or not the Council is satisfied as to the matters referred to in subsection (2).

24. Duty of person responsible and licensee

(1) It shall be the duty of the person responsible under a licence to secure—

(a) that the other persons to whom the licence applies are of such character, and are so qualified by training and experience, as to be suitable persons to participate in the relevant activity authorized by the licence;

(b) that proper equipment is used;

(c) that proper arrangements are made for the keeping of gametes and embryos and for the disposal of gametes or embryos that have been allowed to perish;

(d) that, in all the circumstances, proper practices are used in the course of that activity; and

(e) that the conditions of the licence are complied with.

(2) It shall be the duty of the licensee under a licence to secure that the person responsible under the licence discharges the duty under subsection (1).