TERMINATION OF PREGNANCY REGULATIONS

TERMINATION OF PREGNANCY REGULATIONS

TERMINATION OF PREGNANCY REGULATIONS

Cap 212, section 47A(5)


[12 January 1973.]



1. These regalations may be cited as the Termination of

Pregnancy Regulations.

2. In these regulations 'Director' means the Director of Medical
and Health Services.

3. (1) An opinion referred to in section 47A of the Ordinance shall
be certified in Form 1, Form 2 or Form 2A in the Schedule, as may be
appropriate.

(2) A certificate of an opinion referred to in section 47A(1) of the
Ordinance shall be given before the commencement of the treatment for
the termination of the pregnancy to which it relates.

(3) A certificate of an opinion referred to in section 47A(2C) or
47A(4) of the Ordinance shall be given before the commencement of the
treatment for the termination of the pregnancy to which it relates or, if
that is not reasonably practicable, not later than 24 hours after such
termination.

(4) Any certificate referred to in paragraphs (2) and (3) shall be
preserved by the medical practitioner who terminated the pregnancy to
which it relates for a period of 5 years beginning with the date of such
termination and may then be destroyed.

4. A medical practitioner who terminates a pregnancy shall, not
later than 3 days after the termination, complete Form 3 in the Schedule
and send it in a sealed envelope to the Director.

5. Any information furnished to the Director in pursuance of these
regulations shall not be disclosed except

(a) for the purposes of carrying out hi d to
the Medical and Health Department authorized by the
Director;

(b)for the purposes of carrying out his duties in relation to
offences against the Ordinance, to the Attorney General or a
member of his staff authorized by him;

(c)for the purposes of investigating whether an offence has been
committed against the Ordinance, to the Commissioner of
Police or a police officer authorized by him;

(d) for the purposes of criminal proceedings which have begun;

(e) for the purposes of bona fide scientific research;

to the medical practitioner who terminated the pregnancy; and

(g)to a medical practitioner, with the consent in writing of the
woman whose pregnancy was terminated.





6. Any person who contravenes any provision of regulation 3, 4 or
5 shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000.

SCHEDULE

FORM 1

CONFIDENTIAL

Not to be destroyed within five years of the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE TERMINATION
OF A PREGNANCY UNDER SECTION 47A(1) OF THE ORDINANCE

..................................

(Name and qualifications of practitioner in block capitals)

of ....................................

......................

(Full address of practitioner

and 1 . ..............................................................

(Name and qualifications of pructitoner in block capitals.)

of .........................................................................................................
(Full address of practitioner

hereby certify that we are of the opinion, formed in good faith, that in the case of
the pregnancy of ....................................................................................

.....................................

(Full name of pregnant woman in block capitals)

of .........................................................................................................
(Usual place of residence of pregnant woman in block capitals)

1 the continuance of the pregnancy would involve risk to the life of the
pregnant woman greater than if the pregnancy were terminated;

2.the continuance of the pregnancy would involve risk of injury to the
physical or mental health of the pregnant woman greater than if the
pregnancy were terminated;

3.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.

This certificate of opinion is given before the commencement of the treatment
for the termination of the pregnancy to which it relates.

Signed .............Date
Signed .............Date

Note:For termination of a pregnancy in emergency under section 47A(4) and termination of a pregnancy of more than
24 weeks duration under section 47A(2C) of the Ordinance, use respectively Form 2 and Form 2A.





(IP KT 41 W _=111k)



V, L19 -1 C A f IZ 9 1 j 4 j Wr 4 f. W Psq

................................................................................................
n 1 1M g- tkc~ 3P11 R 1: 4t Z /A A9 fif

.............................................................................................

9 t '-t 4 ffl ~ñ A:

..............................................................................................

.............................................................................................

0 A-1 Ill:

,~1 M lin 4, -V A X r,5 ~p U

.....................................

111 ffif -n A XP- ka 1~7 ~ll

.............................................................................................

P1 clin- 7p. ki~ Affi 1M, ~A tr-, It hL

.....................................

-.,lj pk t. W;t fp-- pay IP wf 41- W g
-A -7p h' 411 flu fflit 41- 4 10 Pk- M's KIP wy ~f-. fCA, -
,Y,

C W1 g~T Nil R111 9~~k V~ -OT J1

lp~!:!g......................................................... EI 'M

99

W- -W...........................................................
H P1 .................1

M Rt'S 4 ~r flec fX 45 R9 -l: A fiX 9 (4) f)~ ffli,(f- fk- T I~ qi m ~f
~f lk V& tP~ 99 +-t A 11*X W, 2 C ~rXRi* 2~-1 LA:- 99 f[A1
3~z 1A It P off 4T. 4R f. 1 Api C Yid m -A- M_ i-_ R W m il T N





FORM 2 [reg.

CONFIDENTIAL

Not to be desiroYed ii,iihin five years ol the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE

(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE
TERMINATION OF A
PREGNANCY IN EMERGENCY UNDER SECTION 47A(4) OF THE
ORDINANCE

............ 1 .................

qualifications of in block capitals

........................................................ 1

(Full practitioner

and 1 . ............................................

nd qualifications qualifications of block capitals

...............................................................................

Full f p-

................................................................................. ............................

are* ...................is*

hereby certify that we of the opinion. formed in good faith. that it

'Acre ...................was*

immediately necessary to terminate the pregnancy, of .......................................

..................................................................

Full q.woman ... h/
A

of .........................................................................................................

1 .1, m p Prognam in block capitals

in order-

1 to save the life of the pregnant woman; or

2.lo prevent grave permanent injury to the physical or mental health of
the pregnant woman.

This certificate of opinion is given---

A.before the commencement of the treatment for the termination of the
pregnancy to which it relates:

or, if that is not reasonably practicable. then

B. not later than 24 hours after such termination.







Signed ..............Date

Signed................................ ............... Date .......................................





.A M_ (4, W U. kk W f~ll 9 f*k

4*

ZM ]-+-A f I
1 W 4 F W f- W P~
~f j,

................................................................................................
fil ffilg. YRI. 101 9 T kt. z l~k 'T fl.~

~tL] YlL YS .............................................................................................

19 11 1 -~1 4f. 0 it fit

M f1111 'll, 9 T n-. 71 ~A v C.

AE fil: 1~ .............................................................................................

m 1 f 1111 pT 4WA __P k&
t z

ItLI .............................................................................................
j 11 ~f pi, M.M 2p W A llql~ TA 9. Ilk YIE

)A iT 41 PR ~f 4R f- f(q 1 ~j

M, 1h 2P rR ~4 t*i -1. M1 ITO ATI, 7k a ~fit
A

R 011 AR, tf

rr 41 W- 4T lk Wii W9 9t- 19 1% Iii A 2
A 452- W pv,llppl ik T, W -uT 0,14~

IA 1 r 4, Wr 41 W f- f~k 1- E9 J, p ~v P~
~y~R ft

.......................................... ....................................

tzy ..................H M





FORM 2A [r

CONFIDENTIAL

Not to he destroyed within five years of the date of operation

OFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)

CERTIFICATE TO BE COMPLETED IN RELATION TO THE
TERMINATION
OF A PREGNANCY OF MORE THAN 24 WEEKS DURATION
UNDER
SECTION 47A(2C) OF THE ORDINANCE

. ..............................

(Name and qualifications of practitioner in block capitals,

....................................

,'Full address ol practitioner

and 1 .

Name and qualifications in bloc A capitals

........................................................................
Full ol practitioner

hereby certify that we are* of the opinion. formed in good faith, that it is*
were* was*

necessary to terminate the pregnancy of .........................................

........................................ ...... ............................................

1 Full o 1 pregnant o in block A

a 1 pi a place ol of reside ce en c ol pr e ~c nai 71---inan
in b h uk c apri a ls

in order to save the life of the pregnant woman.

This certificate of opinion is given-

A.before the commencement of the treatment for the termination of the
pregnancy to which it relates;

or, if that is not reasonably practicable, then

B. not later than 24 hours after such termination.

Signed ..............Date .....................

Signed........................................... Date
1982ed




FORm 3 [reg. 4.]

CONFIDENTIAL

OFFENCES AGAINST THE PERSON ORDINANCE

(Chapter 212)


NOTIFICATION TO THE DIRECTOR OF MEDICAL AND HEALTH SERVICES

OF THE TERMINATION OF A PREGNANCY UNDER SECTION 47A
OF THE ORDINANCE

1 . .......

..........................

(Name, and qualifications of practitioner in block capitals)

...............

(Full address of practitioner)

hereby give notice that 1 terminated the pregnancy, of ............................

............. ....

(Usual place of residence of pregnant woman in block capitals)

..................................................



at ..............................................................

on ...............................(date) at .. (time).

The termination of the pregnancy was certified as necessary because-

1 the continuance of the pregnancy would have involved risk of the life of
the pregnant woman greater than ifthe pregnancy were terminated:

2. the continuance of the pregnancy would have involved risk of injury to
the physical or mental health of the pregnant Aonian greater than if the
pregnancy Acre terminated:

3. there was a substantial risk that if the child had been born. it would have
suffered from such physical or mental abnormality as to be seriously
handicapped.

IN CASE OF EMERGENCY where the termination of pregnancy is not carried out
in a hospital or clinic maintained by the Crown or in an approved hospital or clinic

The termination of the pregnancy was certified as immediately necessary

1. to save the life of the pregnant woman; or

2. to prevent grave permanent injury to the physical or mental health of the
pregnant woman.

The circumstances giving rise to the emergency and relating to the termination of
the pregnancy, were


(Include details of the pregnant woman's medical condition)




IN CASE OF TERMINATION OF PREGNANCY OF MORE THAN 24 WEEKS
DURATION

The termination of the pregnancy was certified as necessary to save the life of the
pregnant woman.

The circumstances relating to the termination of the pregnancy were-

............................................................ .......................................

(Include details of the pregnant woman's medical condition

Signature of practitioner who terminated pregnancy-

.............

Particulars of certifying medical practitioners-

A............Name ...............................

Address .....................................................................................

Qualifications ...................... ......................

B.Name

Address .....................................................................................

Qualifications .........................................................................

Other information relating to the termination of pregnancy-

1 Maiden name of woman
2.Date of birth of woman

3. Marital status of woman-
(a) Single
(b) Married
(c) Widowed
(d) Divorced or separated
(e) Not known

4.................Occupation of woman .................................................

5. Occupation of husband, if woman is married ....................................

.................................

6. Date of woman's last menstrual period .............................................





7. Previous pregnancies of woman-

(a) Number of live-births .............................................................
(b) Number of still births .............................................................
(c) Number of pregnancies terminated .............................................
(d) If applicable, date of last termination of pregnancy under the
Offences
against the Person Ordinance-

8. Number of woman's existing children ..............................................

9. Date of admission to place of termination of pregnancy

10. Date of discharge from place of termination of pregnancy-

11.Was the terminated pregnancy that of a woman impregnated before
attaining the age of 16 years?

Yes No

If 'Yes', give an estimate of her age at the time of
impregnation.

Estimate .................................

12.Was the terminated pregnancy that of a woman who had made a report to
a police officer, that she had been the victim of an alleged offence under
section 47 (which relates to incest). 118 (which relates to rape), 119
(which relates to intercourse procured by threats). 120 (which relates to
intercourse procured by false pretences) or 121 (m which relates to
intercourse procured by drugs) of the Crimes Ordinance within a period not
exceeding 3 months after the date upon which she alleged that any such
offence was committed?

Yes No

If 'Yes', give the name of the alleged offence. the date that it was alleged
to have been committed. the date and place of report to the police

(a) Name of alleged offence .......................................................... (b)
Date of alleged offence ............................................................ (c.) Date
of report to police .......................................................... (d) Place of
report to police ..........................................................

13. Medical condition of woman-

(a) Obstetric disease (specify) ........................................................

(b) Non-obstetric disease (specify) ............

14. Type of termination of pregnancy-
(a) Dilation and evacuation
(b) Hysterotorny-abdominal
(c) Hysterotomy-vaginal
(d) Hysterectomy-abdominal
(e) Hysterectomy-vaginal
(f) Vacuum aspiration

(g).....................Other (specify) ..............................





[Subsidiary]
15. Was sterilization performed? (Ring appropriate

answer)
Yes No

16. Complications or death prior to notification- (Ring appropriate
letter)
(a) None
(b) Sepsis
(c) Haemorrhage
(d) Death
(e) Other (specify) ..................................................

17. In the case of death, specify the cause

Note: This form is to be completed by the operating medical practitioner and sent in a scaled and confidential

envelope not later than 3 days after the termination ot the pregnancy to the Director of Medical and

Health Services. Medical and Health Depertment, Hysan Avenue. Hong Kong,

1982 ed 1982 ed L.N. 4/73. L.N. 50/82. L.N. 66/82. Citation. Interpretation. Certificate of opinion. L.N. 50/82. Schedule, Forms 1, 2 & 2A. L.N. 50/82. Notice of termination of pregnancy. Schedule, Form 3. Restriction on disclosure of information. Penalty. L.N. 50/82. L.N. 66/82. (Ring appropriate number) L.N. 66/82. L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) (Ring appropriate letter) L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) L.N. 50/82. A. (To be completed in all cases) B. (To be completed in all cases) (Ring appropriate number) C. (To be completed only in emergency cases) (Ring appropriate number) D. (To be completed only when pregnancy was more than 24 weeks) E. (To be completed in all cases) If the operating medical practitioner joined in giving the certificate insert at A particulars of the other certifying medical practitioner. If the operating medical practitioner did not join in giving the certificate insert at A and B particulars of the two certifying medical practitioners. F. (To be completed in all cases) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate answer) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate letter)

L.N. 4/73. L.N. 50/82. L.N. 66/82. Citation. Interpretation. Certificate of opinion. L.N. 50/82. Schedule, Forms 1, 2 & 2A. L.N. 50/82. Notice of termination of pregnancy. Schedule, Form 3. Restriction on disclosure of information. Penalty. L.N. 50/82. L.N. 66/82. (Ring appropriate number) L.N. 66/82. L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) (Ring appropriate letter) L.N. 50/82. (*Delete as appropriate) (Ring appropriate number) L.N. 50/82. A. (To be completed in all cases) B. (To be completed in all cases) (Ring appropriate number) C. (To be completed only in emergency cases) (Ring appropriate number) D. (To be completed only when pregnancy was more than 24 weeks) E. (To be completed in all cases) If the operating medical practitioner joined in giving the certificate insert at A particulars of the other certifying medical practitioner. If the operating medical practitioner did not join in giving the certificate insert at A and B particulars of the two certifying medical practitioners. F. (To be completed in all cases) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate answer) (Ring appropriate letter) (Ring appropriate answer) (Ring appropriate letter)

https://oelawhk.lib.hku.hk/items/show/2865

1964

v14

212

13