Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/27

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE :(a) a consent referred to in subsection (3)(a); or
 * (b) a permission referred to in subsection (3)(b).

35. Disclosure in interests of justice

(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 9, 10 and 11 of the Parent and Child Ordinance (Cap. 429) falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Council—
 * (a) to disclose whether or not any information relevant to that question is contained in Register A; and
 * (b) if it is, to disclose so much of it as is specified in the order,

but such an order may not require the Council to disclose any information which may identify any individual by virtue of whose gametes the information falls within section 33(2).

(2) The court shall not make an order under subsection (1) unless it is satisfied that the interests of justice require it to do so, taking into account—
 * (a) any representations made by any individual who may be affected by the disclosure; and
 * (b) the welfare of any minor who may be affected by the disclosure.

(3) If the proceedings before the court are civil proceedings, the court—
 * (a) may direct that the whole or any part of the proceedings on the application for an order under subsection (1) shall be heard in camera; and
 * (b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.

(4) An application for a direction under subsection (3) shall be heard in camera unless the court otherwise directs.

(5) In this section, “court” (法庭) includes a magistrate.

36. Information to be provided to Registrar

(1) In this section, “Registrar” (登記官) means Registrar within the meaning of the Births and Deaths Registration Ordinance (Cap. 174).

(2) This section applies where a claim is made before the Registrar that a man is or is not the father of a child and it is necessary or desirable for the purpose of any function of the Registrar to determine whether the claim is or may be well-founded.