THE IDEA THAT a man possesses his wife and can do with her as he wishes is one which, surely, has no place in a modern civilised society. But when it comes to Hong Kong's law on rape, the concept might still survive.
Strange as it might seem, doubts exist about whether a man who forces his wife to have sexual intercourse against her will commits a crime in the SAR.
The uncertainty, which stems from a legal principle dating back to 1736, has prompted concern from legislators, victim-support groups, and a United Nations panel which seeks to eradicate discrimination against women.
Last month, the Government - which argues husbands can be prosecuted for raping their wives under existing law - sought to clarify the situation by putting before the Legislative Council a bill to amend the Crimes Ordinance aimed at making this clear.
But it will be months before the amendments pass through Legco and come into force. And the bill might not have an easy ride. Although the need to clarify the situation is widely accepted, concerns have been raised that the way in which the Government is seeking to go about it will leave the law relating to other sex crimes in confusion. The problem has also highlighted the difficulties faced by victims of sexual abuse, an issue which drove many to take to the streets in protest last year.
It appears Hong Kong courts have never dealt with a case in which a husband is accused of raping his wife. But research conducted by women's support groups suggests such abuse is prevalent.
A non-government watchdog, the Hong Kong Association for the Survivors of Women Abuse (Kwan Fook), conducted a study last year which showed that 38 out of 41 battered wives who were questioned said they had been forced to have sex with their husband. But many had kept this a secret from even their family and friends.