a pregnancy could have resulted from such reported offence. The matter has been given careful consideration and it is felt that it would be inappropriate for doctors to have to decide what are essentially mixed matters of fact and law.
Time limit for legal abortion
12
Under the existing legislation, there is no time limit for abortion. Clause 4(b) stipulates in new subsection (2B) that no abortion should be carried out where a pregnancy is of more than 24 weeks duration except where it is necessary to save the life of the mother. The primary purpose of this proposal is to provide protection for a viable foetus and for the mother, in view of the greater risk to the mother involved in an abortion performed at an advanced stage of pregnancy. The proposed time limit is based on one of the recommendations in the report of the Committee chaired by the Honourable Mrs Justice Lane in the United Kingdom to review the operation of the Abortion Act 1967, in which it was recommended that an abortion should only be performed up to the 24th week of pregnancy and not thereafter. The local medical profession has not been consulted about the proposed time limit in view of paragraph 1(h) above. If Members advise approval of the bill, it is intended that the Director of Medical and Health Services should initiate discussions with the two medical associa - tions and other professional bodies concerned, including the Professor of Obstetrics and Gynaecology of the University of Hong Kong. The proposed time limit of 24 weeks is therefore put forward mainly as a basis for consultation at this stage.
Conscientious objections
13
Section 47A(6) of the principal Ordinance exempts persons who have conscientious objections from any duty to take part in abortion, but the onus of proof rests on the persons who claims to rely on conscientous objections. The 1977 Working Group recommended that the legislation should be amended to provide that this burden of proof may be discharged by such person testifying on oath or affirming that he has a conscientious objection. The Attorney General's Chambers have confirmed that the effect of the existing law is that doctors may discharge the burden of proving that they do have a conscientious objection to abortion by oath or affirmation, and accordingly no legislative amendments are required.
Child destruction
14
The offence of child destruction (clause 5 of the bill) will fill a gap in the existing law - namely, the destruction of a child capable of being born alive but before it has an existence independent of its mother.