Administering Drug or Using Instruments to Procure Abortion

Administering Drug or Using Instruments to Procure Abortion

Under section 46 of the Offences against the Person Ordinance (Cap. 212): 

Any woman, being with child, who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, and any person who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers or causes to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence triable upon indictment, and shall be liable to— 

1. 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 whatsoever with the like intent; and 
2. 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 46 of the Offences against the Person Ordinance creates two categories of offence, depending on the identity of the offender. 

The first category is directed at the pregnant woman herself: if a pregnant woman, with intent to procure her own miscarriage, administers to herself a poison or other noxious thing, or uses any instrument or other means, she commits an offence, punishable by up to 7 years' imprisonment. This offence requires that the woman was in fact pregnant; her mere belief that she was pregnant is not sufficient. 

The second category is directed at a third party: any person who, with intent to procure a woman's miscarriage, administers to her a poison or noxious thing or uses an instrument, is liable to a maximum of life imprisonment, and commits the offence whether or not the woman was in fact pregnant. It is to be noted that, even if the abortion is ultimately unsuccessful, the offence is complete so long as the offender had the intent to procure a miscarriage and carried out the relevant act.