XN000022-1981-02-11 — Page 5

WEDNESDAY, FEBRUARY 11, 1981

THE WHOLE PROPOSITION, FR MCGOVERN SAID, ALSO IGNORES THE FACT THAT IN SUCH CRIMINAL CASES, THERE ARE TWO INNOCENT VICTIMS, THE GIRL, AND THE UNWANTED CHILD.

+EY ALL MEANS LET THE LAW INTENSIFY THE WAR AGAINST RAPE, BY ALL MEANS LET THE LAW BE AS SEVERE AS HUMANLY POSSIBLE AGAINST THE CONVICTED RAPIST. BUT THAT DOES NOT REQUIRE THE LAW TO CONDEMN THE INNOCENT AFTERMATH OF CRIME,+ HE SAID.

THE HON S.L. CHEN PROPOSED TO DELETE THE PROVISION WHICH ALLOWS WOMEN UNDER 16 YEARS OF AGE AN ABORTION.

HE SAID THIS WAS BECAUSE +NOT ONLY ARE THERE NO GROUNDS FOR SINGLING OUT WOMEN IN THIS AGE GROUP FOR EASY ABORTION BUT IT IS NOT RIGHT MORALLY.+

KIS SUBMISSION WAS BASED ON THREE OBSERVATIONS.

FIRST, HE SAID, IF RISK OF PREGNANCY WITH ITS CONSEQUENTIAL RESPONSIBILITIES MAY STILL BE REGARDED AS A SORT OF PSYCHOLOGICAL AND MORAL RESTRAINT TO DISCOURAGE IMPROPER SEX CONDUCT, THE PROPOSAL TO ALLOW WOMEN UNDER 16 ABORTION, VIRTUALLY ON DEMAND, IS TENTAMOUNT TO REMOVING ANY SUCH RESTRAINT AND COULD ENCOURAGE YOUNG PEOPLE TO PRACTISE SEX MORE FREELY AND INDISCRIMINATELY.

SECONDLY, ALTHOUGH AN ABORTION COULD ONLY BE CARRIED OUT WITH THE CONSENT OF THE PARENTS, PARENTAL CONSENT IN CASES OF THIS NATURE

IS VERY SELDOM WITHHELD, PARTICULARLY WITH CHINESE PARENTS IF THEY THINK ABORTION IS THE LAST RESORT TO PROTECT THE NAME OF THE FAMILY AND THE YOUNG WOMAN WOULD IN FACT BE LEFT WITH THE DECISION ON WHETHER TO HAVE AN ABORTION OR NOT.

IF ONE IS INDEED CONCERNED THAT A YOUNG WOMAN OF THIS AGE IS NOT PHYSICALLY MATURE ENOUGH TO SHOULDER THE RESPONSIBILITIES OF PARENTHOOD, AND SHOULD THEREFORE BE PROTECTED, IT IS UNFAIR THEN TO IMPOSÉ UPON HER THE MENTAL BURDEN OF TAKING A DECISION WHICH MAY TERMINATE A VERY NATURAL HUMAN RELATIONSHIP BETWEEN HERSELF AND HER CHILD.

THIRDLY, FOR CASES WHERE THE PREGNANCY IS LIKELY TO INVOLVE A SERIOUS MENTAL OR PHYSICAL HEALTH RISK TO THE YOUNG MOTHER, THESE ARE ADEQUATELY COVERED BY THE EXISTING LEGISLATION.

UNDER EXISTING PROVISIONS, MOREOVER, A MEDICAL PRACTITIONER CAN TAKE INTO ACCOUNT THE REASONABLY FORESEEABLE ENVIRONMENT OF THE PREGNANT WOMAN BEFORE DECIDING WHETHER HE IS WILLING TO PERFORM AN ABORTION,

THE HON PETER C. WONG SAID IF WE MUST LIBERALIZE ABORTION + PERHAPS A MORE SENSIBLE SOLUTION WOULD BE TO ENLARGE THE EXISTING MEDICAL GROUNDS ON WHICH ABORTION IS PERMISSIBLE.

BUT HE POINTED OUT THAT. WHAT CLAUSE 4 OF THE BILL PROPOSED WAS A RADICAL DEPARTURE FROM THE CONCEPT ON THE SUBJECT AS REFLECTED BY THE EXISTING LAW.

FOETUS, HE NOTED, IS DEFINED BY THE WEBSTER DICTIONARY AS

A DEVELOPING HUMAN FROM ABOUT 12 WEEKS AFTER CONCEPTION TO BIRTH.

+TO SAY