|212||Title:||OFFENCES AGAINST THE PERSON ORDINANCE||Gazette Number:|
|Section:||47B||Heading:||Child destruction||Version Date:||30/06/1997|
(1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother shall be guilty of child destruction, and shall be liable to be punished as if he were guilty of manslaughter.
(2) Notwithstanding subsection (1) a person shall not be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
(3) Where in any proceedings under this section it is proved that the mother had at any material time been pregnant for a period of 28 weeks or more, it shall be presumed until the contrary is proved that the mother was at that time pregnant of a child capable of being born alive.