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Alleged taking of abortion drug lands Filipina in court

06 June 2024

The attempted abortion case was heard at Shatin Court

A charge of taking a drug to induce abortion has landed a Filipina domestic worker in Shatin Court for violation of the Offenses Against the Person Ordinance.

But the case against T. Abaya, 35 years old, was adjourned to July 31 at the request of the prosecutor to await the report of the forensic examination on the evidence police had taken from her. 

She was not asked for a plea and was freed on bail of $2,000 until her next court appearance.

Abaya is accused of taking “a poison or other noxious thing, with intent to procure (her) own miscarriage” at her employer’s house last April 6.

Under Hong Kong laws, abortion is illegal unless (1) the continuation of the pregnancy would involve risk to the life, physical or mental health of the pregnant woman greater than if the pregnancy were terminated; or (2) the unborn child would be severely handicapped due to physical or mental abnormality.

The assessment of any of these conditions would have to be made by two doctors, and the legal abortion can only be done at designated clinics or hospitals.

TAWAG NA!

When she appeared Wednesday (June 5) before Magistrate David Chum, he noted that Abaya was not represented in the hearing, although a duty lawyer had appeared for her previously.

She replied that her employer had told her she would have a lawyer, and so assumed that he would provide one to her. It turned out that what the employer was referring to was a duty lawyer, which she herself should arrange, as she did previously.

When asked how she was able to talk with her employer, Abaya said she went to his house to take her things.

It was then that Chum reminded her that one of the terms of her bail is not to talk to her employer.

“Do not do that again, otherwise bail will be cancelled,” he added.

Before releasing Abaya, Chum reminded her to get a lawyer provided for free by the government though the Duty Lawyer Service office, which has an office on the fifth floor of the court building.


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