Submissions and Position Papers

Hong Kong Bar Association


Hong Kong Bar Association

Mrs. Percy Ma
Clerk to Bills Committee
Legislative Council
Legislative Building
8 Jackson Road
Central
Hong Kong

Your Ref: CB2/BC/24/00

19th April 2002

Dear Mrs. Ma,

Re: Bills Committee on Statute Law (Miscellaneous Provisions)
Part V Marital Rape and Related Sexual Offences

The Bar Council has perused Part V of the Bill and would draw the attention of the Committee to the phrase "marital intercourse" which it is sought to be added to several existing offence creating sections of the Crimes Ordinance (e.g. see Clause 13, amending sectin 119(1) of Cap 200). The phrase encompasses all manner of activity in marriage which is not of a sexual nature. It would seem that the proscribed conduct is intended to be sexual, in which case the phrase ought to read "marital sexual intercourse".


Yours sincerely,


Michael Lunn, S.C.
Vice-Chairman
Hong Kong Bar Association

Dated 19 April 2002

Hong Kong Bar Association