Part V Martial Rape and Related Sex Offence

Mrs. Percy Ma

Clerk to Bills Committee

Legislative Council

Legislative Building

8 Jackson Road


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.


Hong Kong Bar Association

Dated 19 April 2002

Hong Kong Bar Association