1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 221]

Offence of infanticide.

c. 36, s. 1.

2 of 1939, s. 2.

Criminal Procedure.

80. (1) Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve 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 felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

(Cap. 212).

52 of 1986, s. 3

Power to reserve question of law for

(2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of 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, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.

(3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth, in pursuance of section 48 of the Offences against the Person Ordinance, except that for the purposes of the proviso to that section a child shall be deemed to have recently been born if it had been born within twelve months before its death.

(4) The said section 48 shall also apply in the case of the acquittal of a woman upon an indictment for infanticide as it applies upon the acquittal of a woman upon an indictment for murder.

PART IV.

PROCEEDINGS SUBSEQUENT TO TRIAL.

Reservation of question of law.

81. (1) The judge may reserve for the consideration of the Full Court any question of law which may arise

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CAP. 221] Offence of infanticide. c. 36, s. 1. 2 of 1939, s. 2. Criminal Procedure. 80. (1) Where a woman by any wilful act or omission causes the death of her child being a child under the age of twelve 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 felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. (Cap. 212). 52 of 1986, s. 3 Power to reserve question of law for (2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of 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, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide. (3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth, in pursuance of section 48 of the Offences against the Person Ordinance, except that for the purposes of the proviso to that section a child shall be deemed to have recently been born if it had been born within twelve months before its death. (4) The said section 48 shall also apply in the case of the acquittal of a woman upon an indictment for infanticide as it applies upon the acquittal of a woman upon an indictment for murder. PART IV. PROCEEDINGS SUBSEQUENT TO TRIAL. Reservation of question of law. 81. (1) The judge may reserve for the consideration of the Full Court any question of law which may arise Page 30 Page 31

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CAP. 221] Offence of infanticide. c. 36, s. 1. 2 of 1939, s. 2. Criminal Procedure. 80. (1) Where a woman by any wilful act or omission 1 & 2 Geo. 6, causes the death of her child being a child under the age of twelve 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, notwithstand- ing 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 felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. (Cap. 212). 52 of 19869.3 Power to reserve question of law for (2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of 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, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide. (3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth, in pursuance of section 48 of the Offences against the Person Ordinance, except that for the purposes of the proviso to that section a child shall be deemed to have recently been born if it had been born within twelve months before its death. (4) The said section 48 shall also apply in the case of the acquittal of a woman upon an indictment for infanticide as it applies upon the acquittal of a woman upon an indict- [77A ment for murder. PART IV. PROCEEDINGS SUBSEQUENT TO TRIAL. Reservation of question of law. 81. (1) The judge may reserve for the consideration of the Full Court any question of law which may arise 164 Page 30Page 31

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CAP. 221]

Offence of infanticide.

c. 36, s. 1.

2 of 1939, s. 2.

Criminal Procedure.

80. (1) Where a woman by any wilful act or omission 1 & 2 Geo. 6, causes the death of her child being a child under the age of twelve 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, notwithstand- ing 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 felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

(Cap. 212).

52 of 19869.3

Power to

reserve

question of

law for

(4) The said section 48 shall also apply in the case of the acquittal of a woman upon an indictment for infanticide as it applies upon the acquittal of a woman upon an indict- [77A ment for murder.