1981 Ed.]
Offences against the Person
(CAP. 212
47. Any person who unlawfully supplies or procures any poison or other noxious thing or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of a misdemeanor, and shall be liable to imprisonment for 3 years.
(Amended, 30 of 1911, ss. 2 and 5)
47A. (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 terminated; or
(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. (Replaced, 13 of 1981, s. 4)
(2) In determining whether the continuance of a pregnancy would involve such risk of injury to health as is mentioned in subsection (1), account may be taken of the pregnant woman's actual or reasonably foreseeable environment.
(2A) Without prejudice to the generality of subsection (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. (Added, 13 of 1981, s. 4)
(2B) Subject to this section, a registered medical practitioner 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
17
Procuring drug, etc., with intent to cause abortion. 1861 4. 100, s. 59
Medical termination of pregnancy. 1967 c. 87. s. 1.
(Cap. 300.)
(Cap. 200)
1981 Ed.]
Offences against the Person
(CAP. 212
47. Any person who unlawfully supplies or procures any poison or other noxious thing or any instrument or thing whatso- ever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of a misdemeanor, and shall be liable to imprisonment for 3 years.
(Amended, 30 of 1911, ss. 2 and 5)
47A. (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 terminated; or
(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. (Replaced, 13 of 1981, s. 4) (2) In determining whether the continuance of a pregnancy would involve such risk of injury to health as is mentioned in subsection (1), account may be taken of the pregnant woman's actual or reasonably foreseeable environment.
(2A) Without prejudice to the generality of subsection (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. (Added, 13 of 1981, s. 4)
(2B) Subject to this section, a registered medical practitioner 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
17
Procuring drug. etc., with intent to cause abortion. 1861 4. 100, s. 59
Medical termination of pregnancy. 1967 c. 87. s. 1.
(Cap. 300.)
(Cap. 2000)
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