| 释义 |
墮胎 The destruction of a foetus en ventre sa mere (in the womb).
Criminal law - The voluntary termination of pregnancy. It is an offence for a woman to procure her own miscarriage or for another person to procure another’s miscarriage by unlawfully administering a drug, poison or other noxious substance: Offences Against the Person Ordinance (Cap 212) s 46. This is generally prohibited unless two registered medical practitioners are of the opinion, formed in good faith that, (a) the continuance of the pregnancy would involve risk to the life of the pregnant woman or of injury to the physical or mental health of the pregnant woman, greater than if the pregnancy were terminated; or (b) 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: Offences Against the Person Ordinance (Cap 212) s 47A. See also Child destruction; Pre-natal injury.
Family Law - There were attempts in England by the putative father to prevent an abortion which were rejected by the Family Court on the ground that a father and a husband have no standing and no right qua father and husband, and an unborn has no rights of its own: Paton v British Pregnancy Advisory Service Trustees & Anor [1978] 2 All ER 987, [1979] QB 276; C v S [1987] 1 All ER 1230, [1988] QB 135 (CA). However, the position may be different as to a foetus who is ‘capable of being born alive’ under the meaning of the Offences Against the Person Ordinance (Cap 212) s 47B. The right of such a foetus was unresolved in the case C v S, supra. See also Foetus; Injunction; Marital relationship.
毀滅一尚在母腹（子宮）的胎兒。
刑法 - 故意中止懷孕。任何懷孕女子意圖促致自己流產而非法向自己施用藥物、毒藥或其他有害物品，或任何人意圖促致任何女子流產而非法向其施用藥物、毒藥或其他有害物品，即屬犯罪：《侵害人身條例》（第212章）第46條。除非有兩名註冊醫生真誠地認為 (a) 繼續懷孕對孕婦的性命會產生的危險，或對其身體或精神健康產生的危險較中止妊娠為大；或 (b) 嬰兒如果出生，極有可能因身體或精神不健全而致嚴重弱能，否則一般都禁止墮胎：《侵害人身條例》（第212章）第47A條。另見 Child destruction; Pre-natal injury。
家庭法 - 在英國，曾有被認為是父親的人企圖阻止墮胎，但被家事法庭否決，理據為一名父親及丈夫並不因其父親及丈夫的身分而有權阻止，而未出生的又無阻止的權利：Paton v British Pregnancy Advisory Service Trustees [1978] 2 All ER 987, [1979] QB 276；C v S [1987] 1 All ER 1230, [1988] QB 135（英國上訴法院）。但按《侵害人身條例》（第212章）第47B條所指的「可活產」 的胎兒則可能不適用。該胎兒的權利在前述C v S一案中並未獲得澄清。另見 Foetus; Injunction; Marital relationship。n. |