TNAG-0977-FCO40-1196-Legislation-for-the-abortion-law-in-Hong-Kong-1980 — Page 58

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(b) it transfers the offence of infanticide (that

is, the killing of a child under 12 months of

age by a mother when the balance of her mind

is disturbed) from the Criminal Procedure

Ordinance to the Offences against the Person

Ordinance (new section 47C);

(c) it provides in relation to the trial of any

person for a criminal offence involving the

destruction of an unborn child or the killing

of a living child, for conviction on alternative

offences as follows

(i) a person found not guilty of murder,

manslaughter, procuring an abortion, or

infanticide may if the evidence so shows,

be found guilty of child destruction (new

section 47D(1));

(ii) a woman found not guilty of the murder

of her child, may if the child was under

12 months of age and if the evidence so

shows, be found guilty of infanticide

(new section 47D(2));

(iii) a person found not guilty of child

destruction, may if the evidence so shows,

be found guilty of procuring an abortion

(new section 47D(3));

(iv) a person found not guilty of murder,

manslaughter, infanticide or child destruc-

tion, may if the evidence so shows, be

found guilty of disposing of the dead

CONFIDENTIAL

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