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XCR(77)277
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memorandum. The issues discussed in the Report are summarised in paragraphs 5 to 17. The proposals for action, or otherwise, are in paragraphs 19 to 25.
Working of the Existing Legislation
5
Legal abortion, as provided for in section 47A of the Offences Against the Person Ordinance (Chapter 212), is permissible only on health grounds, the relevant requirement being that:
"the continuance of the pregnancy would involve risk to the life of the pregnant woman or of injury to the physical or mental health of the pregnant woman, greater than if the pregnancy were terminated.
"
This statutory provision is a restatement of the common law, whereby protection is afforded to a medical practitioner who performs an abortion for therapeutic purposes.
6
The Working Group examined the working of section 47A from 1973 to 1976 and noted from the records supplied by medical practitioners to the Medical and Health Department that there has been an even spread of abortions among women of different races and socio-economic groups.
7.
The number of abortions increased from 184 in 1973 to 2, 155 in 1976. The Group concluded that this rapid increase has been due to the greater awareness of the public of the facilities for obtaining abortions. In comparison with statistics of some other countries the number of legal abortions performed in Hong Kong is low. The average rate per thousand women aged 15-44 in 1976 was 2. 25, whereas in England and Wales the rate was 10 per thousand in the comparable age group in 1971. Having considered comments, both adverse and favourable, on the existing legislation, the Working Group reached the conclusion it has worked satisfactorily and that there is no indication that it has been abused.
Prevalence of Illegal Abortions
8
The view of Home Affairs Department is that the present facilities for legal abortion are not widely known among the public. On the other hand, a survey conducted by the same Department in early 1976 indicated that the number of illegal abortions was probably very large. The Group has accordingly recommended that an inter-department committee be set up to organise suitable publicity of the facilities for legal abortion. It also suggested that more information on the extent of illegal abortions
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G.S. 84
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