Termination of Pregnancy by a Medical Practitioner

Termination of Pregnancy by a Medical Practitioner

Hong Kong law does not prohibit abortion entirely, but permits the lawful termination of pregnancy under strict conditions. Under section 47A of the Offences against the Person Ordinance (Cap. 212), a termination of pregnancy is not unlawful if two registered medical practitioners are of the opinion, formed in good faith, that any of the following conditions is satisfied: 

• that the continuance of the pregnancy would involve a risk to the life, or to the physical or mental health, of the pregnant woman greater than if the pregnancy were terminated; or 
• that there is a substantial risk that, if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. 

In addition, the law provides for two special situations in which a medical practitioner may make a favourable assumption: where the pregnant woman is under the age of 16, or where she is the victim of a sexual offence and has reported it to the police within 3 months, the practitioner may, in assessing the risk of continuing the pregnancy, presume that continuance of the pregnancy would involve a risk to her physical or mental health. 

Unless the termination is carried out in order to save the life of the pregnant woman immediately, or to prevent grave permanent injury to her, the operation must be carried out in a government hospital, or in a clinic or hospital approved by the Director of Health under section 47A(3), in order to be lawful. 

Restriction on pregnancies exceeding 24 weeks: unless the termination is carried out to save the life of the pregnant woman, an abortion cannot lawfully be carried out after the pregnancy has exceeded 24 weeks, and may only be carried out where two medical practitioners are of the opinion, formed in good faith, that it is necessary. 

Right of conscientious objection of medical personnel: where medical personnel object on conscientious grounds to participating in an abortion, the law protects their right to refuse to take part; but this protection does not apply where the life of the pregnant woman is in danger, in which case the medical personnel remain under a duty to provide emergency treatment.