TNAG-0977-FCO40-1196-Legislation-for-the-abortion-law-in-Hong-Kong-1980 — Page 44

G.S. 84

Proposals

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XCR(77)277

19

The recommendations of the Working Group set out in paragraph 18(a) and (c) to (i) above appear reasonable, and it is pro- posed bill should be drafted to include such provisions as may be necessary to give legislative effect to these recommendations.

20

Successful research into illegal abortion is likely to prove difficult, in view of the illegal nature of the activity and of the penalties under existing legislation. It is not proposed that Govern- ment should take any initiative in respect of paragraph 18(b) above.

21

As to paragraph 18(j), it is agreed that special clinics catering for abortions are unnecessary. As far as the Maternal and Child Health Centres of the Medical and Health Department are con- cerned, it is also agreed that suitable arrangements should be made for pregnant women to be seen by doctors who have no conscientious objection to abortion, if they are referred to these centres. But there is no need for all women desiring abortions to be referred to these Centres in the first instance. In addition to Government hospitals, there are 12 approved hospitals in which legal abortions can be performed, Medical advice on abortion can also be sought from private medical practitioners, doctors in private hospitals, and other subvented hospitals. Any case of particular difficulty can be referred by social workers of the Social Welfare Department, or other welfare agency, to a Maternal and Child Health Centre as in- dicated above.

22

The majority recommendation that the law should be amended to enable women over 40 to obtain abortions is highly con- tentious, particularly in the light of the unrefuted medical advice available. Commenting on the argument that easier abortions for women over 40 can be granted because of the greatly increased risk that the foetus will be defective, the Director of Medical and Health Services has observed:

"According to the Textbook of Paediatrics

by John O. Forfar and Gavin C. Arneil, published by Churchill Livingstone, Edinburgh and London 1973, there is an increasing risk that the child may suffer from Down's Syndrome (a 'mongol' child) as the age of the mother increases, and in women over the age of 40 the risk is about 1%. In fact, the risk of a defective child is present throughout the child

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