+
11
WEDNESDAY, FEBRUARY 11, 1981
THE AGE REQUIREMENT HAS ALSO BEEN REVISED TO QUALIFY THE ACMAN IF SHE IS AITH CHILD BEFORE ATTAINING THE AGE OF 16, THEREBY AVOIDING CONFLICT WITH SECTION 14 OF THE MARRIAGE ORDINANCE, HE SAID.
UNDER THE ORDINANCE, A LAWFUL MARRIAGE MAY BE CONTRACTED EY A GIRL WHO IS OF, OR OVER, THE AGE OF 16 IF SHE HAS PARENTAL CONSENT.
REFERRING TO THE REPORTING PROVISION, MR SWAINE NOTED THAT IT HAD BEEN REPLACED BY THE CREATION OF THE DOUBLE REQUIREMENT THAT, IN ORDER TO QUALIFY, THE WOMAN HAS BEEN VICTIM OF A SEXUAL OFFENCE AND HAS REPORTED TO THE POLICE WITHIN THREE MONTHS OF IT.+
+SHE CANNOT BRING HERSELF WITHIN THE PROTECTION OF THE CLAUSE SIMPLY BY MAKING A REPORT TO THE POLICE, + HE SAID.
MR SWAINE SAID THE PROVISIONS, BEFORE AMENDMENTS, DID NOT HINGE ON THE FACT THAT WOMEN HAD BEEN THE VICTIM OF A SEXUAL OFFENCE, BUT THAT A REPORT HAD BEEN MADE TO THE POLICE.
+HOWEVER, THE DOCTOR MAY PROPERLY RELY ON THE REPORT. IT IS HIS BELIEF WHICH COUNTS, AND THE REVISED CLAUSE PRESUMES IN HIS FAVOUR, UNTIL THE CONTRARY IS PROVED, THAT HE DID BELIEVE THE WOMAN TO HAVE BEEN SUCH A VICTIM IF SHE MADE THE REQUISITE REPORT TO THE POLICE,+ SAID MR SWAINE.
OFFENCES AGAINST THE PERSON BILL PASSED
****
THE SECRETARY FOR SOCIAL SERVICES, THE HON ERIC HO SAID IN THE LEGISLATIVE COUNCIL TODAY THAT DESPITE THE CAMPAIGN MOUNTED BY THE OPPONENTS OF THE OFFENCES AGAINST THE PERSON (AMENDMENT} BILL, THEY HAD BEEN UNABLE TO GENERATE ANY PUBLIC SUPPORT.
THE BILL, WITH MR HO'S AMENDMENT, WAS PASSED.
PROPOSED BY UNOFFICIAL MEMBERS WERE DEFEATED.
AMENDMENTS
MR HO SAID: +1 PERSONALLY FEEL THAT NOTWITHSTANDING THE COMMENDABLE CONVICTION AND RELIGIOUS ZEAL OF THESE PRESSURE GROUPS THEY COMPRISE A SMALL, THOUGH VOCAL, FRACTION OF OUR COMMUNITY, SO MUCH SO THAT THERE ARE PROBABLY MANY MORE IN OUR MIDST WHO MAY FEEL THAT THE BILL DOES NOT GO FAR ENOUGH, + HE SAID.
HE QUOTED THE EXAMPLE OF ITALY, A CATHOLIC COUNTRY, WHERE VOLUNTARY ABORTIONS WERE PERMITTED WITHIN THE FIRST 90 DAYS OF PREGNANCY VIRTUALLY ON DEMAND.
+ECONOMIC, SOCIAL AND FAMILY CONDITIONS, CIRCUMSTANCES IN WHICH CONCEPTION OCCURRED, AND FORESEEN DEFORMITIES OR ABNORMALITIES
IN THE UNBORN CHILD, AS WELL AS THE HEALTH CONSIDERATIONS OF THE PREGNANT WOMAN CAN BE TAKEN INTO ACCOUNT.
**RY THEN NOT A SIMILAR CLAUSE TO COVER ECONOMIC AND SOCIAL CONDITIONS IN THE HONG KONG LAW?+ HE ASKED.
/HE THOUGHT