PART 4 | PROHIBITION OF TRADING IN ORGANS AND BLOOD |
| Buying or selling of organs or blood prohibited and void |
13.—(1) Subject to subsections (4) and (5), a contract or an arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or herself or to another person, to the sale or supply of any organ or blood from his or her body or from the body of another person, whether before or after his or her death or the death of the other person (as the case may be) is void.| (2) A person who enters into a contract or an arrangement of the kind mentioned in subsection (1) and to which that subsection applies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
(3) Any person who —| (a) | gives or offers to give valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person other than for the purpose of transplantation to his or her body; | | (b) | receives valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person; | | (c) | offers to sell or supply any organ from the body of another person for valuable consideration; | | (d) | initiates or negotiates any contract or arrangement for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person for valuable consideration other than for the purpose of transplantation to his or her body; or | | (e) | takes part in the management or control of a body corporate or body unincorporate whose activities consist of or include the initiation or negotiation of any contract or arrangement mentioned in paragraph (d), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. |
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(4) Subsections (1) and (3) do not apply to or in relation to —| (a) | a contract or an arrangement providing only for the reimbursement of any expenses necessarily incurred by a person in relation to the removal of blood in accordance with any other written law; | | (b) | any scheme introduced or approved by the Government granting medical benefits or privileges to any organ or blood donor and any member of the donor’s family or any person nominated by the donor; and | | (c) | any contract, arrangement or valuable consideration providing only for the defraying or reimbursing, in money or money’s worth, of such costs or expenses that may be reasonably incurred by a person in relation to —| (i) | the removal, transportation, preparation, preservation, quality control or storage of any organ; | | (ii) | the costs or expenses (including the costs of travel, accommodation, domestic help or child care) or loss of earnings so far as are reasonably or directly attributable to that person supplying any organ from that person’s body; and | | (iii) | any short-term or long-term medical care or insurance protection of that person which is or may reasonably be necessary as a consequence of that person supplying any organ from that person’s body. |
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| (5) The Minister may, by notification in the Gazette, declare that subsection (1) or (3) does not apply to the sale or supply of a specified class or classes of product derived from any organ or blood that has been subjected to processing or treatment. |
| (6) A person who as vendor or supplier enters into a contract or an arrangement for the sale or supply of a product derived from any organ or blood that has been subjected to processing or treatment, other than any such product which is of a class declared under subsection (5), shall be guilty of an offence if the organ or blood from which the product was derived was obtained under a contract or an arrangement that is void by reason of subsection (1), and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (7) Nothing in this section renders inoperative a consent or an authority given or purporting to have been given under this Act in relation to any organ or blood from the body of a person or in relation to the body of a person if a person acting pursuant to the consent or authority did not know and had no reason to know that the organ or blood or the body was the subject matter of a contract or an arrangement mentioned in subsection (1) or (3). |
(8) For the purposes of this section, the donation by a living donor (Donor A) of any organ from his or her body in consideration of —| (a) | a donation of an organ from another living donor for the purpose of the transplantation of the organ to the body of a living recipient of Donor A’s choice (Recipient A); or | | (b) | priority in the selection of Recipient A as a recipient of any organ, whether removed pursuant to section 4 or otherwise, |
| does not, of itself, constitute valuable consideration if the donors have given their consent and the provisions of Part 4A (as applicable) are complied with. |
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| Advertisements relating to buying or selling of organs or blood prohibited |
14.—(1) No person is to issue or cause to be issued any advertisement relating to the buying or selling in Singapore of any organ or blood or of the right to take any organ or blood from the body of a person.| (2) In this section, “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice or signboard, or by means of any catalogue, price list, letter (whether circulated or addressed to a particular person) or other documents, or by words inscribed on any article, or by the exhibition of a photograph or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way, and any reference to the issue of an advertisement is to be construed accordingly. |
| (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [15 |
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