Under section 47A of the Offences Against the Person Ordinance (Cap. 212), termination of pregnancy can only be legally performed if:
- it takes place within 24 weeks of pregnancy, unless it is necessary for saving the life of the pregnant woman;
- it is performed by registered doctors in specific hospitals and clinics (FPAHK Day Procedure Centre). This requirement does not apply if the termination is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman; and
- two registered medical practitioners agree in good faith that the termination of pregnancy should be performed and is performed by a registered medical practitioner.
The doctors would only determine that a termination should be performed if:
- continuance of the pregnancy would involve risk to the life of the pregnant woman or be of injury to the physical or mental health of the pregnant woman, greater than if the pregnancy were not terminated; or
- 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.
- In cases where the pregnant woman is under 16 or has been the victim of a sexual offence (and has made a report to the police within 3 months of the offence), the doctor will automatically presume that the continuance of her pregnancy would involve risk of harm to the pregnant woman and may therefore perform a termination of pregnancy if requested.