International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Property Rights in Human Tissue – A Review of the Current Status of Hong Kong Law in Relation to Human Body Parts
SO, Tsz Ngai Roger; TSUI, Fung Ling Sara

Can human body parts be treated as property? This is a controversial issue attracting critiques from various scholars on the perspectives of morality, justice, economy and utility, etc. Yet the law is not unfamiliar with this issue. The advancement in biotechnology has triggered a proliferate demand on human tissues in researches and medical treatments, accompanying with an increasing trend of disputes between the tissue providers and recipients. This has led to judicial development recognising limited property rights in severed human tissues and legislative development regulating the interests of relevant stakeholders in some common law jurisdictions. It is therefore submitted that reform in this area of law should be undertaken to address such deficiencies.

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