A30
Short title.
Amendment of heading.
(Cap. 212.)
Amendment of section 46.
Amendment of section 47A.
Ord. No. 13/81 OFFENCES AGAINST THE PERSON (AMENDMENT)
HONG KONG
L.S
No. 13 OF 1981
I assent.
MURRAY MACLEHOSE, Governor.
12 February 1981.
An Ordinance to amend the Offences against the Person Ordinance and to make consequential amendments to the Criminal Procedure Ordinance.
[13 February 1981]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
This Ordinance may be cited as the Offences against the Person (Amendment) Ordinance 1981.
2. The principal Ordinance is amended by deleting the heading "ATTEMPTS TO PROCURE ABORTION" where it occurs after section 45 and substituting the following-
3.
"ABORTION, CHILD DESTRUCTION AND INFANTICIDE".
Section 46 of the principal Ordinance is amended by deleting "be liable to imprisonment for life." and substituting the following-
"be liable to-
4.
(a) imprisonment for 7 years and to pay such fine as the court may award in the case of a woman, being with child, who with intent to procure her own miscarriage, has unlawfully administered to herself any poison or other noxious thing, or has unlawfully used any instrument or other means what- soever with the like intent; and
(b) imprisonment for life and to pay such fine as the court may award in the case of any person who with intent to procure the miscarriage of any woman, whether she was or was not with child, has unlawfully administered or caused to be taken by her any poison or other noxious thing, or has unlawfully used any instrument or other means whatsoever with the like intent.".
Section 47A of the principal Ordinance is amended- (a) by deleting subsection (1) and substituting the following—
"(1) Subject to this section, a person shall not be guilty of an offence under section 46 or 47 when a pregnancy is terminated by a registered medical practitioner if 2 registered medical practitioners are of the opinion, formed in good faith that-
(a) the continuance of the pregnancy would involve risk to the life of the pregnant woman or of injury to the physical or mental health of the pregnant woman, greater than if the pregnancy were ter- minated; or
OFFENCES AGAINST THE PERSON (AMENDMENT) Ord. No. 13/81
(b) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormality as to be seriously handicapped.";
(b) by inserting after subsection (2) the following-
(Cap. 200.)
(Cap. 200.)
"(2A) Without prejudice to the generality of sub- section (2)—
(a) in the case of a woman who is with child before
attaining the age of 16; or
(b) in the case of a woman who has been the victim of sexual intercourse which constitutes an offence under section 47, 118, 119, 120 or 121 of the Crimes Ordinance and who has made a report to any police officer within a period not exceeding 3 months after the date upon which she alleges any such offence was committed,
a registered medical practitioner who is in doubt as to whether, in fact, the continuance of her pregnancy would or would not, involve risk of injury to her physical or mental health greater than if her pregnancy were terminated may, in forming an opinion for the purpose of subsection (1)(a), presume that the continuance of her pregnancy would involve risk of injury to her physical and mental health greater than if the pregnancy were terminated.
(2B) Subject to this section, a registered medical practi- tioner who terminates the pregnancy of a woman who he believes has been the victim of sexual intercourse which constitutes an offence under section 47, 118, 119, 120 or 121 of the Crimes Ordinance, shall not be liable to prosecution under sections 46 and 47; and it shall be presumed until the contrary is proved that he believed the woman to have been the victim of such sexual intercourse if the woman made a report to a police officer within a period not exceeding 3 months after the date upon which she alleges any such offence was committed.
(2C) For the purposes of sections 46 and 47, nothing in subsection (1), (2A) or (2B) shall be taken to authorize the termination of a pregnancy which is of more than 24 weeks duration, unless such termination is in the opinion of 2 registered medical practitioners formed in good faith, neces- sary to save the life of the pregnant woman."; and (c) by inserting after subsection (7) the following-
5.
“(7A) Nothing in this section shall affect the provisions of section 47B or 47C.".
A31
The principal Ordinance is amended by adding after section 47A Addition of
new sections the following sections--
47B, 47C and 47D.
"Child destruction. [cf. 1929
U.K. c. 34.]
47B. (1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother shall be guilty of child destruction, and shall be liable to be punished as if he were guilty of manslaughter.
(2) Notwithstanding subsection (1) a person shall not be guilty of an offence under this section unless it is proved
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