Abortion Bill

Bill No. 40/1968

Read the first time on 3rd December 1968.
An Act to reform and liberalize the law relating to abortion by establishing a Board to authorise, subject to certain safeguards, treatment to terminate pregnancy by registered medical practitioners, and to provide for such treatment in certain circumstances without the authority of the Board, to amend the Singapore Family Planning and Population Board Act, 1965 (No. 32 of 1965) and the Penal Code (Chapter 119 of the Revised Edition) and for matters connected therewith.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —
Short title and commencement
1.  This Act may be cited as the Abortion Act, 1968, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“applicant” means a person who applies to the Board for authorisation for treatment to terminate pregnancy and in the case of a person under eighteen years of age means the parent or guardian of that person;
“approved institution” means any institution, hospital, maternity home, clinic or other place for the time being approved by the Minister for the purposes of this Act;
“Board” means the Termination of Pregnancy Authorisation Board constituted under section 3 of this Act;
“Government hospital” means any hospital, maternity home or clinic under the control of the Minister;
“law relating to abortion” means sections 312, 313, 314 and 315 of the Penal Code (Cap. 119) and any rule of law relating to abortion;
“registered medical practitioner” means any person registered under the Medical Registration Ordinance (Cap. 191).
(2)  The word “abortion” in this Act shall have the same meaning as the word “miscarriage” has under sections 312, 313, 314 and 315 of the Penal Code.
Establishment and composition of the Board
3.—(1)  For the purposes of this Act, there shall be established a Board called “the Termination of Pregnancy Authorisation Board” consisting of eleven members.
(2)  The following public officers and persons shall be members of the Board: —
(a)the Director of Medical Services for the time being who shall be the Chairman;
(b)the Deputy Director of Medical Services (Health) for the time being;
(c)the Deputy Director of Medical Services (Hospitals) for the time being;
(d)an obstetrician and gynæcologist employed in the public service;
(e)a psychiatrist employed in the public service;
(f)the Director of Social Welfare for the time being; and
(g)five other members to be appointed by the Minister, two of whom shall be females of whom one has had experience in social welfare work.
(3)  Letters of appointment of the members of the Board under paragraphs (d), (e) and (g) of subsection (2) of this section shall issue from the Minister.
(4)  The Chairman shall preside at all meetings of the Board and shall have a right to vote on any question coming before or arising at any meeting of the Board and in the absence of the Chairman such member, as the members present may elect, shall act as Chairman.
(5)  The members of the Board appointed by the Minister under the provisions of paragraphs (d), (e) and (g) of subsection (2) of this section shall, unless their appointment is revoked by the Minister under the provisions of subsection (6) of this section or unless they resign during their term of office, hold office for a period of three years or for such shorter period as the Minister may in any case determine.
(6)  The Minister may at any time revoke the appointment of any member of the Board appointed under paragraphs (d), (e) and (g) of subsection (2) of this section.
(7)  If a vacancy occurs in the membership of the Board by death, resignation, revocation of the appointment under subsection (6) of this section, or for any other cause, the Minister shall appoint a qualified person to fill the vacancy in accordance with subsection (2) of this section and any person so appointed shall hold office so long as the member in whose place he is appointed would have held office.
(8)  The quorum at all meetings of the Board shall be six members present, and no business shall be transacted unless a quorum is present.
(9)  All questions coming before or arising at any meeting of the Board shall be decided by a majority of the members present and voting therein at that meeting of the Board, and in case of an equality of votes the person presiding at the meeting shall have a second or casting vote.
(10)  The Board shall not be precluded from holding any meeting or acting in any matter merely by reason of any vacancy or vacancies in its membership.
(11)  The Minister may, by notification in the Gazette, vary the composition of the Board or the number of its members and provide in what manner additional members, if any, shall be appointed.
(12)  The Board shall sit at such times and in such places as it may decide and, subject to this section, shall regulate its own procedure at meetings.
Board may appoint committees
4.—(1)  The Board may from time to time appoint committees consisting of persons who may or may not be members of the Board, either for general or specific purposes, and may delegate to such committees power to do any specific act or carry out any specific function.
(2)  Any committee appointed by the Board under subsection (1) of this section shall consist of such number of members as the Board may decide but in every committee, so appointed, one of the members shall be a registered medical practitioner and one of the members shall be a person who has had experience in social welfare work.
(3)  The Chairman of the Board shall, by virtue of his office, be a member of every committee and, if present at any meeting, shall preside.
(4)  Every committee shall report to the Board.
Medical termination of pregnancy
5.—(1)  Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner acting under an authorisation granted in that regard by the Board.
(2)  The Board may authorise treatment to terminate pregnancy to be carried out if it is of the opinion, formed in good faith —
(a)that the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to the physical or mental health of the pregnant woman;
(b)that the environment of the pregnant woman, both at the time when the child would be born and thereafter so far as is foreseeable, justifies the termination of her pregnancy.
The expression “environment” in this paragraph includes the family and financial circumstances of the pregnant woman;
(c)that there is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped; or
(d)that the pregnancy is the result of rape under section 375 of the Penal Code (Cap. 119) or of incest under section 376A of the Penal Code or of intercourse with an insane or feeble-minded person.
(3)  Notwithstanding the provisions of subsection (1) of this section, a registered medical practitioner, acting in consultation with another registered medical practitioner, shall not be guilty of an offence under the law relating to abortion where a pregnancy is terminated by him if the registered medical practitioners are of the opinion, formed in good faith, that the termination of pregnancy is necessary on the ground mentioned in paragraph (a) of subsection (2) of this section and, in such a case, the pregnancy may be terminated without the authorisation of the Board and shall be permitted under this Act:
Provided that such treatment is carried out in a Government hospital or in an approved institution and the registered medical practitioners send to the Board as soon as practicable thereafter, a statement setting forth the medical reasons which in their opinion made the termination of pregnancy permissible.
(4)  Subject to subsection (5) of this section, every treatment to terminate pregnancy shall be carried out in a Government hospital or in an approved institution.
(5)  It shall not be an offence under the law relating to abortion and it shall be permitted under this Act for a registered medical practitioner to carry out treatment to terminate a pregnancy if he is of the opinion, formed in good faith, that such treatment is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman and, in such a case, it shall not be necessary for such treatment to be carried out in a Government hospital or in an approved institution.
(6)  Where the treatment to terminate pregnancy is carried out on the ground mentioned in subsection (5) of this section the authorisation of the Board shall not be required but the registered medical practitioner concerned in the treatment shall, as soon as practicable after the treatment, send to the Board a statement setting forth the medical reasons which, in his opinion, made such treatment immediately necessary.
(7)  The Board shall not authorise treatment to terminate a pregnancy on the ground that the pregnancy resulted from an act of rape or incest as mentioned in paragraph (d) of subsection (2) of this section unless the Attorney-General has certified that proceedings in respect of an offence of rape or incest, as the case may be, have been completed, or have begun, or that there is probable cause to believe that the pregnancy resulted from an act of rape or incest, as the case may be.
(8)  No treatment to terminate pregnancy shall be authorised by the Board under this Act, or permitted pursuant to the provisions of subsection (3) of this section, unless the pregnant woman has been resident in Singapore for a period of at least four months immediately preceding the date on which such treatment is to be carried out unless such treatment is immediately necessary on the ground mentioned in subsection (5) of this section.
(9)  Except as provided in subsections (3) and (5) of this section, no treatment to terminate pregnancy on any of the grounds mentioned in paragraphs (a), (b), (c) and (d) of subsection (2) of this section shall be carried out by a registered medical practitioner unless expressly authorised by the Board under the provisions of this Act.
(10)  Any person who contravenes or fails to comply with the provisions of subsection (9) of this section shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
Authorisation of treatment to terminate pregnancy shall not be given if pregnancy is more than a certain duration
6.—(1)  The Board shall not authorise treatment to terminate pregnancy —
(a)on the grounds set forth in paragraphs (a) and (c) of subsection (2) of section 5 of this Act if the pregnancy is of more than twenty-four weeks duration unless such treatment is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman and in such a case the Board may authorise treatment to terminate pregnancy at any time during the pregnancy; or
(b)on the grounds set forth in paragraphs (b) and (d) of subsection (2) of section 5 of this Act if the pregnancy is of more than sixteen weeks duration.
(2)  For the purposes of paragraphs (a) and (b) of subsection (1) of this section, the duration of the pregnancy shall be calculated from the first day of the last normal menstruation of the pregnant woman to the end of the twenty-fourth week or to the end of the sixteenth week, as the case may be.
Applications for treatment to terminate pregnancy to be made to the Board
7.—(1)  Unless treatment to terminate pregnancy is permitted under the provisions of subsections (3) and (5) of section 5 of this Act, without the authorisation of the Board, every pregnant woman wishing to have her pregnancy terminated shall apply to the Board for authorisation for treatment to terminate her pregnancy.
(2)  Before any application is made to the Board the pregnant woman shall arrange to be medically examined by a registered medical practitioner of her own choice or by a registered medical practitioner appointed by the Board for the purpose.
(3)  At the time of or immediately after such medical examination the pregnant woman shall complete the prescribed form of application and hand the same to the registered medical practitioner who shall forthwith send the application form with a medical certificate setting forth the reasons which, in his opinion, justify treatment to terminate pregnancy, together with such other certificates or documents as may be prescribed, for the Board’s consideration.
(4)  If the Board is of the opinion that further information is required to enable the Board to make a decision on the application it may —
(a)call for such further documents or certificates as it may require;
(b)call for a specialist medical opinion on the application;
(c)call the applicant before the Board to be interviewed; or
(d)direct that the applicant submits to medical examination by the obstetrician and gynæcologist on the Board or by such other obstetrician and gynæcologist as the Board may appoint for the purpose.
(5)  When the Board is in possession of the completed application form, the medical certificate and the certificates or documents (if any) referred to in subsection (4) of this section or such other information as it may require, it shall, thereupon, give a decision on the application.
(6)  If the Board decides that the application for treatment to terminate pregnancy should be granted it shall state on the prescribed application form the grounds upon which its decision is based and shall forthwith inform the applicant by notice in writing that authorisation for treatment to terminate the pregnancy has been granted and that the treatment may be carried out on a date, which date shall (unless the health of the pregnant woman does not permit or unless the pregnancy is not sufficiently advanced or unless for such other good reasons as the Board may decide the treatment should not be carried out) be a date within seven days of the date of such authorisation and at such Government hospital or approved institution, as the Board may designate in the notice.
(7)  At the same time that the Board informs the applicant under subsection (6) of this section it shall send copies of the notice in writing referred to in that subsection and copies of her completed application form, medical certificate and such other certificates or documents, as the Board may decide, to the Government hospital or the approved institution designated in such notice for the information of the registered medical practitioner who is to carry out the treatment to terminate pregnancy.
(8)  If the Board decides not to grant the application for treatment to terminate pregnancy it shall forthwith inform the applicant in writing of the reasons for its decision.
(9)  The applicant shall have no right to appeal against the decision of the Board but if she is dissatisfied with its decision she may request the Board to reconsider its decision and, upon such request being made, the Board shall refer the matter to the registered medical practitioner who issued the medical certificate which accompanied her application form, and require him to send a further medical certificate as to the applicant’s state of health or environment, as the case may be, and to report on any fresh evidence that may be available.
(10)  Upon receipt of this further medical certificate and report, the Board shall reconsider her application and deal with the same as if it was an original application for treatment to terminate pregnancy.
Consent
8.—(1)  Subject to subsections (3) and (4) of this section, the Board shall not grant any application for treatment to terminate pregnancy unless it is in possession of a consent in writing of the applicant in relation to such treatment.
(2)  Such consent in writing for treatment to terminate pregnancy shall be given —
(a)in the case of an applicant over eighteen years of age, by the applicant herself; and
(b)in the case of an applicant under eighteen years of age, by the parent or parents, if then living, or the guardian of the applicant, if there is no parent living.
(3)  If there is no parent or guardian of an applicant under eighteen years of age the Board may itself give consent for treatment to terminate pregnancy.
(4)  Where the applicant is so insane or is so feeble-minded as to be incapable of giving a valid consent the Board alone shall decide whether good reason exists for treatment to terminate pregnancy but before deciding to authorise such treatment the Board shall consult the husband of the applicant or, if she is unmarried, the parent or guardian of the applicant, but if there is no such husband, parent or guardian the Board may proceed to authorise treatment to terminate pregnancy without any such consultation.
(5)  An applicant may, in the cases mentioned under subsections (2) and (3) of this section, withdraw consent to treatment to terminate pregnancy at any time before such treatment is carried out and where an applicant so decides to withdraw consent she shall immediately advise the Board of her decision not to undergo such treatment.
(6)  Such consent shall be in such form as the Board shall decide and shall when given be deemed sufficient proof of consent.
(7)  Any person who, by means of coercion or intimidation, compels or induces a pregnant woman against her will to undergo treatment to terminate pregnancy shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.
Treatment to terminate pregnancy to be carried out by registered medical practitioner with special qualification or experience
9.—(1)  Subject to the provisions of subsections (3) and (5) of section 5 of this Act, treatment to terminate pregnancy shall be carried out only by a registered medical practitioner who —
(a)is in possession of such surgical or obstetric qualifications as may be prescribed; or
(b)has acquired special skill in such treatment, either in practice or by virtue of holding an appointment in a Government hospital or in an approved institution over such period as may be prescribed.
(2)  Nothing in this Act shall prevent the registered medical practitioner who issued the medical certificate certifying the need or the desirability of such treatment, if he has the qualification or experience referred to in this section, from carrying out such treatment in a Government hospital or in an approved institution.
Conscientious objection to participate in treatment to terminate pregnancy
10.—(1)  Subject to subsection (3) of this section, no person shall be under any duty whether by contract or by any statutory or legal requirement to participate in any treatment to terminate pregnancy authorised by this Act to which he has a conscientious objection.
(2)  In any legal proceedings the burden of proof of conscientious objection referred to in subsection (1) of this section shall rest on the person claiming to rely on it.
(3)  Nothing in subsection (1) of this section shall affect any duty to participate in such treatment which is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of a pregnant woman.
Privilege against disclosure of matters for treatment relating to termination of pregnancy
11.—(1)  No person who —
(a)is concerned with an application to the Board for treatment to terminate a pregnancy;
(b)is concerned with an authorisation by the Board for treatment to terminate a pregnancy;
(c)is concerned with the keeping of records in connection with any such treatment; or
(d)participates in any treatment to terminate a pregnancy,
shall, unless the pregnant woman expressly gives her consent thereto, disclose any facts or information relating to such treatment except to such persons and for such purposes as may be prescribed.
(2)  Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.
Board’s power to inspect approved institutions and examine records, etc.
12.  The Board, or any public officer appointed by the Board for the purpose, shall have power to enter any approved institution for the purpose of ensuring that the provisions of this Act, and any regulations made thereunder, are being complied with and may examine and make copies or take extracts of any records or documents connected with any treatment to terminate pregnancy authorised by the Board under this Act.
Amendment of the Singapore Family Planning and Population Board Act, 1965
13.  Section 13 of the Singapore Family Planning and Population Board Act, 1965 (Act 32 of 1965), is hereby amended by inserting immediately after the word “Act” appearing at the end of paragraph (d) of subsection (2) thereof the expression “and for providing such facilities as it thinks fit for pregnant women seeking treatment to terminate a pregnancy under the provisions of the Abortion Act, 1968, to have advice, guidance and medical examinations in relation to such treatment”.
Amendment of sections 312 and 314 and repeal and re-enactment of section 315 of the Penal Code
14.—(1)  Section 312 of the Penal Code (Cap. 119) is hereby amended —
(a)by deleting the word “Whoever” appearing in the first line thereof and substituting therefor the following expression “Where any person, other than a registered medical practitioner permitted or authorised to terminate a pregnancy under the provisions of the Abortion Act, 1968, and on the grounds specified in subsection (2) of section 5 of that Act,”; and
(b)by deleting the expression “, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman,” appearing in the second and third lines thereof.
(2)  Section 314 of the Penal Code is hereby amended by deleting the word “Whoever” appearing in the first line thereof and substituting therefor the expression “Where any person, other than a registered medical practitioner permitted or authorised to terminate a pregnancy under the provisions of the Abortion Act, 1968, and on the grounds specified in subsection (2) of section 5 of that Act”.
(3)  Section 315 of the Penal Code is hereby repealed and the following substituted therefor: —
“Child destruction before, at or immediately after birth
315.—(1)  Any person, other than a registered medical practitioner permitted by or authorised under the provisions of the Abortion Act, 1968 (Act   of 1968), to terminate a pregnancy to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman, 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 or by such act causes a child to die after its birth, shall be punished with imprisonment for a term not exceeding ten years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.
(2)  For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive.”.
Immunity of registered medical practitioners
15.—(1)  No registered medical practitioner shall be liable civilly or criminally for carrying out treatment to terminate a pregnancy authorised by the Board under this Act or permitted by virtue of the provisions of subsections (3) and (5) of section 5 of this Act unless such treatment was carried out in a negligent manner.
(2)  No liability shall attach to the Board or the Government in respect of any authorisation given for treatment to terminate a pregnancy under this Act.
Charges for treatment to terminate pregnancy
16.—(1)  Where treatment to terminate a pregnancy is carried out in a Government hospital or in an approved institution the fee payable for such treatment shall be five dollars.
(2)  Any additional hospital costs that may be incurred in the Government hospital or in the approved institution where such treatment is carried out shall be borne by the applicant.
(3)  The Minister may from time to time by notification in the Gazette vary, either by way of increase or decrease, the fee payable for treatment specified in subsection (1) of this section.
Regulations
17.—(1)  The Minister may make regulations for, or in respect of, every purpose which is deemed by him necessary for carrying out the provisions of this Act and for prescribing any matter which is authorised or required under this Act to be so prescribed.
(2)  Without prejudice to the generality of subsection (1) of this section the Minister may make regulations —
(a)prescribing the form of application for treatment to terminate pregnancy and the form of medical certificate accompanying such application form and prescribing such other certificates, documents or information as may be required by the Board in support of an application;
(b)prescribing the qualifications of registered medical practitioners who may carry out treatment to terminate pregnancy authorised by the Board, or the period of time considered adequate to confer skill in such treatment upon registered medical practitioners who do not possess such prescribed qualifications;
(c)prescribe the medical or surgical treatment to be adopted to terminate a pregnancy having regard to the duration of the pregnancy; and
(d)providing for the preservation and disposal of records of applications in respect of treatment to terminate pregnancy permitted or authorised under this Act and for the use of such records for statistical or research purposes so long as such use does not disclose the identities of the persons who have made applications to the Board for, or received, such treatment under this Act.
Duration of Act
18.—(1)  This Act shall continue in force for a period of four years from the date of the coming into operation thereof:
Provided that the Minister may, from time to time by notification in the Gazette, extend such period for a further period of not more than one year.
(2)  The expiry of this Act shall not affect the operation thereof in respect of things previously done or omitted to be done thereunder.
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