Barriers in legal framework prevent organ donation coordination between Hong Kong and mainland China.
Hong Kong-Mainland China Organ Donation Mechanism Delayed Due to Legal Hurdles
A proposed regular mechanism for organ donation between Hong Kong and mainland China has yet to materialize, with legal challenges posing significant obstacles, as revealed by a top health expert.
Wang Haibo, director of the China Organ Transplant Response System (COTRS), noted during a Hospital Authority Convention on Tuesday that amendments to mainland China's laws would be necessary before the mechanism could be established.
"The primary legal hurdle we encounter is the regulation that prohibits the transfer of organs across the border to prevent the spread of HIV," Wang explained. "This regulation forms part of a broader system designed to safeguard public health."
Currently, it is unequivocally forbidden to transfer not only organs, but also blood and tissue across the border as per the existing legislation. This legal restriction persists even when there is a willingness to institute an organ donation system between the two regions.
To address these hurdles, Wang asserted that mainland China would need to revise its laws to facilitate cross-border organ transfers. This process would involve updates to the legal framework to specifically address organ donation while maintaining compliance with international health standards.
In essence, the legal obstacles predominantly revolve around health safety regulations, particularly those relating to the transmission of the HIV virus, and the necessity of legal reforms to facilitate cross-border organ donation.
- Amendments to China's laws, particularly those regarding the transfer of organs and adherence to health and wellness standards, are essential to establish the organ donation mechanism between Hong Kong and mainland China, according to Wang Haibo.
- Due to the regulation that prohibits organ transfer across the border to prevent the spread of HIV, political efforts are required to revise legislation, as suggested by Wang, to address medical-conditions and ensure policy-and-legislation alignment for general news.
- As highlighted by Wang, the current legal hurdles surrounding public health and safety, especially with regards to the transfer of organs, blood, and tissue, inhibit the implementation of a collaborative organ donation system, necessitating attention and action from both Hong Kong and mainland China in health, science, and politics.
