Cap. 212A 《終止妊娠規例》Termination of Pregnancy Regulations

生效中

版本日期: 2021-08-19

Cap. 212

Cap. 213

Termination of Pregnancy Regulations

(Cap. 212, section 47A(5))

[12 January 1973]

(Format changes—E.R. 1 of 2017)

1. Citation

These regulations may be cited as the Termination of Pregnancy Regulations.

2. Interpretation

In these regulations Director (署長) means the Director of Health.

(L.N. 76 of 1989)

3. Certificate of opinion

(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. (L.N. 50 of 1982)

(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. (L.N. 50 of 1982)

(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. Notice of termination of pregnancy

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. Restriction on disclosure of information

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

(a)

for the purposes of carrying out his duties, to an officer of the Department of Health authorized by the Director; (L.N. 76 of 1989)

(b)

for the purposes of carrying out his duties in relation to offences against the Ordinance, to the Secretary for Justice or a member of his staff authorized by him; (L.N. 362 of 1997)

(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;

(f)

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. Penalty

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 at level 1.

(E.R. 4 of 2021)

Schedule

Form 1 [reg. 3]

CONFIDENTIAL

Not to be destroyed within of the date of operationOFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)C 47A(l) O

I,
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

and I,
(Name and qualifications of practitioner 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;		(Ring appropriate number)
	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.
(L.N. 50 of 1982; L.N. 66 of 1982; L.N. 107 of 1995)

Form 2 [reg. 3]

CONFIDENTIAL

Not to be destroyed within of the date of operationOFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)C 47A(4) O

I,
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

and I,
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

hereby certify that we are* were* of the opinion, formed in good faith, that it is* was* immediately necessary to terminate the pregnancy of				(* Delete as appropriate)

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

in order—
	1.	to save the life of the pregnant woman; or		(Ring appropriate letter)
	2.	to 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		(Ring appropriate number)
	B.	not later than 24 hours after such termination.
Signed			Date
Signed			Date
(L.N. 50 of 1982; L.N. 107 of 1995)

Form 2A [reg. 3]

CONFIDENTIAL

Not to be destroyed within of the date of operationOFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)C 47A(2C) O

I,
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

and I,
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

hereby certify that we are* were* of the opinion, formed in good faith, that it is* was* immediately necessary to terminate the pregnancy of				(* Delete as appropriate)

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

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		(Ring appropriate letter)
	B.	not later than 24 hours after such termination.
Signed			Date
Signed			Date
(L.N. 50 of 1982; L.N. 107 of 1995)

Form 3

[reg. 4]

CONFIDENTIAL

OFFENCES AGAINST THE PERSON ORDINANCE
(Chapter 212)N 47A O

I,						A. (To be completed in all cases)
(Name and qualifications of practitioner in block capitals)
of
(Full address of practitioner)

hereby give notice that I terminated the pregnancy of

(Full name of pregnant woman in block capitals)
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—						B. (To be completed in all cases) (Ring appropriate number)
	1.	the continuance of the pregnancy would have involved risk to the life of the pregnant woman greater than if the pregnancy were terminated;
	2.	the continuance of the pregnancy would have involved risk of injury to the physical or mental health of the pregnant woman greater than if the pregnancy were 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 Government or in an approved hospital or clinic						C. (To be completed only in emergency cases)
The termination of the pregnancy was certified as immediately necessary—
	1.	to save the life of the pregnant woman; or				(Ring appropriate number)
	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						D. (To be completed only when pregnancy was more than 24 weeks)
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—						E. (To be completed in all cases)

Particulars of certifying medical practitioners—
	A.	Name				If the operating medical practitioner joined in giving the certificate insert at A particulars of the other certifying medical practitioner
		Address

		Qualifications
	B.	Name				If the operating medical practitioner did not join in giving the certificate insert at A and B particulars of the two certifying medical practitioners
		Address

		Qualifications
Other information relating to the termination of pregnancy—						F. (To be completed in all cases)
	1.	Maiden name of woman
	2.	Date of birth of woman
	3.	Marital status of woman—				(Ring appropriate letter)
		(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?				(Ring appropriate answer)
		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 (which relates to intercourse procured by drugs) of the Crimes Ordinance (Cap. 200) within a period not exceeding 3 months after the date upon which she alleged that any such offence was committed?
		Yes		No		(Ring appropriate answer)
		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—				(Ring appropriate letter)
		(a)	Dilation and evacuation
		(b)	Hysterotomy-abdominal
		(c)	Hysterotomy-vaginal
		(d)	Hysterectomy-abdominal
		(e)	Hysterectomy-vaginal
		(f)	Vacuum aspiration
		(g)	Other (specify)
	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 sealed and confidential envelope not later than 3 days after the termination of the pregnancy to the Director of Health, Department of Health, Hysan Avenue, Hong Kong.
(L.N. 50 of 1982; L.N. 76 of 1989; L.N. 107 of 1995; 13 of 1999 s. 3)