Read the full judgment text of CAAR 000003/1986 on BabelCite. This Court of Appeal judgment was delivered on 10 June 1986 before Cons, V.-P., Yang & Kempster, JJ.A..
Criminal law – unlawful procurement of miscarriage – sentencing – review by Attorney General – respondents husband and wife with medical qualifications obtained in China and not recognised in Hong Kong – operation of unlicensed clinic – abortion performed for reward of $500 on patient from poor background – no consideration given to s.47A of the Offences Against the Person Ordinance – pleas of guilty – sentences of 2 years' imprisonment suspended for 2 years imposed by Deputy Judge – whether suspended sentence appropriate – general level of sentencing for abortion offences in Hong Kong – relevance of post-1997 speculation about ability to practise medicine – whether immediate custodial sentence warranted – Chan Yau, Criminal Appeal No. 1523/83 – application for review allowed – sentences set aside – each respondent sentenced to 18 months' imprisonment to take effect immediately.
Legal issues: Whether suspended sentences were appropriate for paid illegal abortion
Outcome: Application for review allowed; suspended sentences set aside and replaced with 18 months' imprisonment to take effect immediately.
Cited by 1 case