XN000022-1978-03-10 — Page 2

FRIDAY, MARCH 10, 1978

BILL GIVING RIGHTS UNDER THE LAW TO UNEORN CHILDREN GAZETTED

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A BILL PROPOSING TO GIVE UNBORN CHILDREN RIGHTS UNDER THE LAW FOLLOWING BIRTH IS GAZETTED TODAY (FRIDAY).

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THE BILL, KNOWN AS THE LAW AMENDMENT AND REFORM CONSOLIDATION) (AMENDMENT) BILL 1978, IS BASED ON A UNITED KINGDOM ACT PASSED IN 1976 WHICH IMPLEMENTED RECOMMENDATIONS CONTAINED IN A LAW COMMISSION REPORT ON INJURIES TO UNBORN CHILDREN,

A GOVERNMENT SPOKESMAN SAID THE PROPOSED LAW, WOULD. NOT CREATE ENTIRELY NEW LIABILITIES, BUT WOULD ENSURE THAT A CHILD BORN ALIVE WOULD HAVE A RIGHT OF ACTION! ACCRUING AT BIRTH IN RESPECT OF INJURY EITHER SUSTAINED BY THE CHILD AFTER CONCEPTION AND BEFORE BIRTH, OR RESULTING FROM INJURY SUSTAINED BY ITS MOTHER DURING PREGNANCY DUE TO THE FAULT OF A THIRD PARTY.

+OF COURSE, IT WILL STILL BE NECESSARY FOR FAULT OR NEGLIGENCE TO BE PROVED, HE EMPHASISED.

THE SPOKESMAN SAID THAT THE UNITED KINGDOM ACT WAS PASSED AS A RESULT OF THE LENGTHY AND OFTEN EXPENSIVE LITIGATION INVOLVING THE THALIDOMIDE BIRTH CASES, IN THESE CASES, HE SAID, A GREAT DEAL OF TIME AND MONEY WHICH COULD HAVE BEEN, MORE PROPERLY DEVOTED TO COMPENSATING THALIDOMIDE VICTIMS, WAS SPENT IN DECIDING WHETHER OR NOT UNBORN CHILDREN HAD RIGHTS, BEFORE GIVING ANY ATTENTION TO WHETHER MANUFACTURING THALIDOMIDE AND SUPPLYING IT TO PREGNANT WOMEN, WAS WRONG.

IN THE EVENT, THE COURTS HELD THAT A CHILD DID HAVE RIGHTS IN RESPECT OF INJURIES OR WRONGS CAUSED TO ITS MOTHER WHEN IT WAS STILL UNBORN.

IN HONG KONG, HOWEVER, THERE WAS SOME DOUBT WHETHER UNBORN CHILDREN HAD THESE SAME RIGHTS AND IT WAS NECESSARY THAT THE IR STATUS BE CLARIFIED WHICH THIS PROPOSED BILL WILL NOW DO.

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THE SPOKESMAN ADDED THAT CHILDREN BORN DISABLED AS A RESULT OF NO ATTRIBUTABLE FAULT-THROUGH DISEASE FOR EXAMPLE · WERE NOT AFFECTED BY THE BILL.

THERE WAS NO LIABILITY FOR INJURIES IF PARENTS KNEW OF OR WERE WARNED ABOUT PARTICULAR RISKS AND WENT AHEAD AND ACCEPTED THEM ANYWAY.

NEITHER WERE PROFESSIONAL MEN SUCH AS DOCTORS LIABLE IF THEY GAVE TREATMENT OR ADVICE ACCORDING TO ORDINARY AND ACCEPTED STANDARDS OF PRACTICE AND CARE.

FINALLY, A CHILD HAD TO SURVIVE FOR 48 HOURS BEFORE ANY RIGHT OF ACTION AROSE.

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