Stillbirth Case Unlikely to Stop Mainland Mothers From Giving Birth in Hong Kong

On June 14, during a check-up in Zhengzhen, Hung’s baby was found to be already at 39 week and is ready for birth.  But Hung ignored the signal and would rather wait for the C-section appointment in Hong Kong.  On June 22, during a regular check-up with Dr. Yu, Hung requested immediate C-section but was refused.  Dr. Yu dismissed check-up results from China and insisted to carry out the C-section operation on July 10. 

In the morning of July 3, Hung had a bloody show and called for an emergency operation, only to find that the baby is dead.  According to Dr. Yu, the baby was already dead for 2-3 days.  Three days later, Hung and her family requested a compensation of HK$1,000,000 and threatened to ruin Dr. Yu’s reputation by all means if their demand was not met.

Dr. Yu, however, counter-proposed a compensation of HK$100,000 which was not accepted by Hung’s family.  The issue is not yet resolved.

Since the Court of Final Appeal 2001 ruling that babies born in Hong Kong are automatically granted the right of abode in the territory, there has been an increase of expecting mothers giving birth in Hong Kong.  This is also one way for mainland families to bypass regulations and have more than one child under the “one child” policy in China.  Hong Kong’s maternity bed supplies have since been strained.

The cause of Hung’s stillbirth is yet to be investigated.  However, Hung herself should take up part of the responsibilities as her baby was pronounced 39-weeks in Zhengzheng on June 14.  Had she put the baby’s health as the number one priority, she should not have waited for the planned C-section on July 10, by then the baby would have been 43 weeks, but took immediate action. 

Rather, she chose to wait for 1 week and seek advice from Dr. Yu in Hong Kong, when the bay was 40-weeks old.  Did she put too much faith on Hong Kong’s medical system?   Or was this a pure act of innocence, disregarding the health of the baby in exchange for a Hong Kong identity card?

On the other hand, as an experienced O&G doctor, Dr. Yu should not have been so complacent as to dismiss two different check-up reports from China on the baby being mature and ready for birth.  While the baby’s conditions could never be 100% predictable when it is still inside the mother’s womb, would a detailed check-up reveal that the baby was already overdue? 

This case has proven that while Hong Kong doctors are generally regarded as more professional and on average has a higher standard than those of China, their diagnosis could still be erroneous.  Nevertheless, this case is likely to be an independently case and will not deter mainland women from giving birth in Hong Kong.  There are simply too much at stake. 

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