The Queen v. Chan Yau Alias and Another
Read the full judgment text of CACC 1523/1983 on BabelCite. This Court of Appeal judgment.
1. CHAN Yau was convicted after having pleaded not guilty on two charges of abortion. Both abortions were performed on young girls of the age of 16 for a fee of $1,200 and $950 respectively, on 2nd May, 1983 and 8th May, 1983.
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CACC001523/1983 [Sentence for abortion.]
BETWEEN:
Coram: Roberts, C.J., Yang & Barker, JJ.A. Date: 10th April, 1984. ----------------- JUDGMENT ----------------- Roberts, C.J.: 1. CHAN Yau was convicted after having pleaded not guilty on two charges of abortion. Both abortions were performed on young girls of the age of 16 for a fee of $1,200 and $950 respectively, on 2nd May, 1983 and 8th May, 1983. 2. The applicant is in her early fifties. She completed a course in gynaecology and midwifery in China and worked at a hospital in Canton as an obstetrician for some years before she came to Hong Kong and worked at the Hong Kong Central Hospital as an assistant. She is not, so far as Hong Kong is concerned, medically qualified, but her record shows that she has been convicted on previous occasions of running an unlicensed medical clinic. This is, indeed, what she was doing when she performed these abortions. 3. It is perfectly clear from the presence of suction equipment, which is used almost exclusively for abortions, the applicant was operating as a professional abortionist. It must also be noted that she was convicted in 1964 of manslaughter of a woman, upon whom she performed an abortion. 4. We have been referred to a number of Hong Kong cases which show, with one exception, that the general level of sentences for abortion is far lower than that of five years, the exception being NG Ying v. R.(1) in which a sentence of five years was upheld for what the Court of Appeal described as "the worst of its type which this court has encountered". 5. The law on abortions was changed in Hong Kong in March, 1972, so as to permit abortions to be carried out under carefully controlled conditions in approved hospitals. If it were argued that this indicates the intention of the Legislature that illegal abortions, outside the section, should be regarded as less serious than before, it is not a view which we share. 6. On the contrary, we feel that, if the Legislature provides for legal abortions to be carried out in proper conditions and under medical supervision and direction, this was intended, to discourage illegal abortions, which can so easily result in the death of patients, as happened in 1964 when this applicant performed an abortion, though it is fair to note that in these two instances the girls recovered fully after the operation had been performed upon them. 7. We are of the view that the general level of sentences which has been passed in Hong Kong for abortion is far too low and that a sentence of five years' imprisonment upon a professional abortionist, with a previous conviction for manslaughter, is not unreasonable. 8. We therefore dismiss the application for leave to appeal against sentence. (1) Crim. App. 1241/77. Representation: D. O'R. Mayne, OBE, QC, JP, B. Chau (Raymond Tang & Cc) for Applicant P. Dale, S.C.C. for Crown: |