TNAG-1060-FCO40-1310-Mass-Transit-Railway-in-Hong-Kong-1981 — Page 185

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Ord. No. 13/81 OFFENCES AGAINST THE PERSON (AMENDMENT)

Infanticide.

[cf. s. 78, Cap. 221.1

Conviction on alternative offences.

that the act which caused the death of the child was done in good faith for the purpose only of preserving the life of the mother.

(3) Where in any proceedings under this section it is proved that the mother had at any material time been pregnant for a period of 28 weeks or more, it shall be presumed until the contrary is proved that the mother was at that time pregnant of a child capable of being born alive.

47C. Where a woman by any wilful act or omission causes the death of her child being a child under the age of 12 months but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, she shall be guilty of infanticide, and shall be liable to be punished as if she were guilty of manslaughter.

47D. (1) Where upon the trial of any person for the murder or manslaughter of any child, or for an offence under section 46 or 47C, the jury are of the opinion that the person charged is not guilty of murder, manslaughter or of an offence under section 46 or 47C, as the case may be, but that he is shown by the evidence to be guilty of an offence under section 47B(1), the jury may find him guilty of that offence, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon indictment for an offence under section 47B(1).

(2) Where upon the trial of a woman for the murder of her child, being a child under the age of 12 months, the jury are of the opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child and it is shown by the evidence that but for the provisions of section 47C, she would have been guilty of murder, the jury may find her guilty of an offence under section 47C and she shall be liable to be punished as if she were guilty of manslaughter.

(3) Where upon the trial of any person for an offence under section 47B(1), the jury are of the opinion that the person charged is not guilty of that offence, but that he is shown by the evidence to be guilty of an offence under section 46, the jury may find him guilty of that offence, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon indictment for an offence under section 46.

(4) Where upon the trial of any person for the murder or manslaughter of any child or for an offence under section 47B(1) or 47C the jury are of the opinion that the person charged is not guilty of murder, manslaughter or of an offence under section 47B(1) or 47C, as the case may be, and it appears in evidence that the child had recently been born and that such person did in any manner

OFFENCES AGAINST THE PERSON (AMENDMENT) Ord. No. 13/81

6.

dispose of the dead body of the child with intent to con- ceal its birth, the jury may find such person guilty of an offence under section 48 and thereupon the person con- victed shall be liable to be punished as if he had been convicted upon indictment for an offence under section 48.

(5) For the purposes of subsection (4), a child shall be deemed to have recently been born if it had been born within 12 months before its death.

(6) Nothing in section 47B or 47C shall affect the power of the jury upon the trial of any person for the murder of any child to find him guilty of manslaughter or not guilty by reason of insanity.".

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replacement of section 48.

Section 48 of the principal Ordinance is repealed and replaced Repeal and by the following—

"Concealing birth of child.

7.

48. Any person who in any manner disposes of the dead body of a child with intent to conceal the fact of its birth, whether the child died before, or during, or after birth, commits an offence and is liable on conviction to imprisonment for 2 years.".

The Criminal Procedure Ordinance is amended-

Consequential amendment of

(a) by deleting the sub-heading before section 77 and substituting Criminal

the following—

"Pregnancy”; and

(b) by repealing section 78.

Passed by the Hong Kong Legislative Council this 11th day of February 1981.

LORNA LEUNG,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LORNA LEUNG,

Clerk to the Legislative Council.

Procedure

Ordinance.

(Cap. 221.)