Opinion | What Hong Kong can learn from America’s heated debate on Roe vs Wade abortion law

The choice to terminate an unwanted pregnancy is seldom a painless decision, and a woman’s right to make that choice is never a black and white issue, fitting neatly into the camps of pro-life or pro-choice

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Protesters hold a vigil near the Dirksen Senate Office Building during demonstrations to call for an end to gun violence and for abortion rights protection, on May 28 in Washington, DC. Hong Kong, whose approach to abortion is more liberal than many other Asian economies, is right not to politicise the issue. Photo: Getty Images / AFP

Published: 6:45am, 3 Jun 2022

Controversy has always surrounded Roe vs Wade, the landmark United States Supreme Court case which granted women the constitutional right of access to an abortion in 1973. The two sides of the argument have often boiled down to “right to life” and “right to choose”. In life, though, things are rarely that black and white.

Grabbing headlines recently was a leaked Supreme Court preliminary opinion which could overturn Roe vs Wade. This immediately sent the internet into overdrive, as it would mean that, if reversed, the legality of abortion would revert to individual states. According to The Guttmacher Institute, abortion would immediately be banned in some form in about 26 states, or half the country.

States like Oklahoma and Texas have taken it a step further – they also encourage private citizens to enforce the law. Individuals can collect a “bounty” of US$10,000 if they successfully sue abortion providers or anyone who helps a woman obtain an abortion.

Oklahoma Governor Kevin Stitt speaks after signing into law a bill making it a felony to perform an abortion, punishable by up to 10 years in prison, on April 12 in Oklahoma City. State lawmakers have approved a ban on abortion enforced by civil lawsuits rather than criminal prosecution, similar to a Texas law that was passed last year. Photo: AP Photo

Renowned author of The Handmaid’s Tale Margaret Atwood likens enforced childbearing to “slavery” – an assault on the fundamental freedom of being able to make decisions regarding one’s own health and body. She said: “If the state is mandating enforced childbirth, why should it not pay for prenatal care, for the birth itself ... for the cost of bringing up the child?”

In the US, the abortion issue has become politicised, with Republicans broadly anti-abortion and “pro-life” and Democrats broadly pro-abortion and “pro-choice”. With such sparring across the Pacific, one would think it would generate some heated discussions here.

Instead, I heard no such debate and wondered whether I had stumbled upon another taboo issue. Abortion is rarely discussed in public discourse here.

Termination of a pregnancy up to 24 weeks has been legal in Hong Kong since 1976, if continuation of the pregnancy threatens the physical or mental health of the woman, or if there are fetal abnormalities. Two doctors need to sign off on the procedure, which can be performed at 19 designated public and private hospitals or clinics. Parental consent is required for women under the age of 18.

Compared to some places in Asia, Hong Kong is somewhat “liberal”, as spousal authorisation for abortion is required in Taiwan, Japan and Indonesia, and abortion is prohibited in the Philippines and Laos.