HKU Law Hosts International Conference on Surrogacy (8-9 Sept 2016)

The Centre for Medical Ethics & Law

of the University of Hong Kong

in conjunction with 

The Centre for Law, Medicine and Life Sciences, 

University of Cambridge

are pleased to announce a conference on

Eastern and Western Perspectives on Surrogacy

Friday & Saturday, 9-10 September 2016

Wang Gungwu Theatre

Graduate House

The University of Hong Kong

With the advances in artificial reproductive techniques, and an increasingly globalised world, surrogacy has gone from a niche practice to a global market, raising questions of parenthood, conflict of laws, and the commercialisation of the birth process. While there have been comparative studies undertaken concerning approaches to surrogacy from Europe and "Western" jurisdictions, there is gap in the literature with regard to the approach international surrogacy in Asia (and indeed Africa). As such, this conference will bring together academics from both Eastern and Western jurisdictions in order to provide a more comprehensive understanding of the confluences and tensions between the way in which surrogacy is approached in these two regions.

Topics: 

• Comparative perspectives on surrogacy from experts from Australia, England, France, Germany, Hong Kong, India, Israel, Japan, New Zealand, Russia, Singapore, South Africa, South Korea, Taiwan, Thailand, USA 
• The Process of Law Reform (Law Commissioner, England and Wales) 
• Judicial perspectives from past and present judges from Australia, England and Germany 

Keynote Speakers: Sir Mark Hedley (retired High Court Judge, England and Wales), Chief Justice John Pascoe (Federal Court of Australia)

Speakers: Walter Pintens, Anatol Dutta, Frank Klinkhammer, Claire Fenton-Glynn, Mary Keyes, Debra Wilson, Debbie Horsten, Rhona Schuz, Olga Khazova, June Carbone, Prabha Kotiswaran, Daisy Cheung, Terry Kaan, Chih-Hsing Ho, Soraj Hongladarom, Shinichiro Hayakawa, Nick Hopkins

Moderators: Esther Farnos Amoros, Marcus Dearle, Matthew Jolley, Johannes Chan, Azan Marwah, Spencer Clarke, Jens M Scherpe

Project Leaders: Jens M Scherpe, Claire Fenton-Glynn and Terry Kaan

Information & Registration: +(852) 3917 1845; cmel@hku.hk.  Registration here

Puja Kapai Interviewed on Deregulating Birth Control in Hong Kong (HKFP)

"Should morning-after pills be made available over the counter in Hong Kong?"

Medhavi Arora
Hong Kong Free Press
8 March 2016

It is 2016 and we still don’t have fool-proof, non-permanent contraception. Regular birth control methods such as condoms and oral contraception are not 100 percent effective. However, if a condom breaks during intercourse and a woman does not want to become pregnant, there are options available. Emergency contraceptive pills (ECPs), often called “morning-after pills”, come to the rescue when regular methods fail or in cases where a couple had unprotected sex or a woman is a victim of rape.

     There are three to four different varieties of the pill available, depending on the hormone it contains. The pill is also highly time-sensitive and, depending on the variety, should be taken within three to five days after unprotected sex or contraceptive failure. Since its effectiveness decreases with time, easy and immediate access to the morning-after pill is essential to preventing unwanted pregnancy.

     There are also certain medical risks associated with the abuse and overuse of morning-after pills, and thus some medical practitioners advocate the requirement of a doctor’s prescription to procure the pill rather than have it available freely over the counter at pharmacies.

     After weighing up the costs and benefits, a number of countries have decided to make the morning-after pill available over the counter without prescription, knowing that unwanted pregnancy may carry greater risks for a woman than the pill does. A 2012 University of Hong Kong study notes that “most developed countries” make the pill available over the counter to “eliminate the barrier to access.”

     However, the morning-after pill cannot be bought over the counter in Hong Kong. Though illegal sales persist, it remains a prescription-only drug...

     It is debatable whether the fear of encouraging promiscuity, the lack of general knowledge among users, or concerns over misuse are legitimate reasons for the Hong Kong government to play the role of moral police and deny over-the-counter access to the pill.

     Puja Kapai, associate professor of law and equal opportunity adviser at HKU, has concerns about the policy.

     “For reasons of culture, age or other factors, those who find themselves in this position [in need of the morning-after pill] may be unable to or reluctant to seek the necessary and timely assistance and these barriers exacerbate the health implications, particularly for teenage girls and others who find themselves in this situation.”...

     Kapai is of the opinion that the availability of morning-after pills should be deregulated in Hong Kong and that the health needs of women need to be prioritised. “The restrictions imposed on the availability of emergency contraception not only violate fundamental human rights of women but are also an affront to the right to equality, non-discrimination, dignity and privacy,” she said... Click here to read the full article.

Terry Kaan on Embryo Freezing (China Daily Interview)

"Embryo of hope"

Frannie Guan

China Daily

4 November 2015

The unyielding demands on the city’s workers — the sometimes "notorious" work ethic that fuels the city’s fast pace — is a significant factor contributing to a future of economic decline and a shrinking population, say experts. 

     Yip Siu-fai, a non-official member of Hong Kong’s Steering Committee on Population Policy, points to the city’s notoriously low fertility rate (1.234, 2014), and says the city’s failure to reach the long sought-after, work-life balance is one of the leading causes. 

     The low fertility rate doesn’t mean Hong Kong women don’t want to have babies, says Yip, but they are putting it off. Some are turning to reproductive technology, delaying pregnancy until past their normal reproductive years, up to age 35. Experts caution, however, that there is a limit to how far technologies can help stretch late motherhood...

     Egg freezing is a leading example of advanced reproductive technology, used worldwide to help women preserve their eggs for future pregnancies. Chinese actress and film director Xu Jinglei made news when at 41 she traveled to the United States to have her eggs frozen. The Chinese mainland bans the practice for single women.

     The case triggered public reaction. The loudest voices were those who believe it is a woman’s natural right to have her eggs frozen. They argue that the government should not interfere with family planning at that level. Those who oppose the practice argue that despite the advancement of technology, the success rate of egg freezing is much lower than that of embryo freezing, as eggs, having high water content, are more difficult to freeze...

     "Egg freezing arrests time for the eggs, but it does not freeze time for the mother’s fertility and overall health. The mother continues to get older," said Terry Kaan Sheung-hung, co-director of the Centre for Medical Ethics and Law at the University of Hong Kong. "If we think about the right of women to have a child, we should also consider the interests of the child." He contended that it is to the greater benefit of the child to be born to a relatively young couple, than to couples in their late 40s... Click here to read the full article.