22 September 2011

Murder law

Chinese guy. I read this:

In Hong Kong, a betrayed wife is legally allowed to kill her adulterous husband, but may only do so with her bare hands. The husband's lover may be killed in any manner desired.

Is this for real?

David.

Dear David.

Nope, it is an urban legend. One of those which is repeated by lazy journalists and writers over and over. Such that it has somehow gained credibility. The kind that are based slightly on people's prejudices.

Like the NASA pen urban legend

I saw this put around on Chinese TV on a mainstream TV channel stated as fact. They asked children how to make pens work in space....

Such websites and writers participate in a group wank by citing each other as reliable sources of information. I've been reading these sorts of things in Fortean times. FHM, Nuts, Maxim you know men's magazines, I haven't touched a men's magazine in about ten years. Perhaps because I'm a bit of an outcast and suddenly realised hold on why do I need somebody I don't know to tell me how to live? Heh its things like the curse of the mummy, or the Crystal skull stories. OR even the NASA bollocks story about how NASA spent billions developing a pen that works in space. While the USSR used pencils. Its bollocks! Christ I heard this on Chinese TV the other day and it is still paraded around as fact.

Anyway I am no expert on law. Well I do have some training on consumer and contract law for an old career I once pursued. But I know where to look.

Anyway Hong Kong law pretty much followed British law after the British won the opium wars around 1840. Under British law, Murder isn't legal mostly, bar archaic laws which are on the books but in reality do not apply. Like shooting a Scottish person with a bow and arrow in York. I'm sure it may well say that somewhere, but if you did this you would be tried under modern law and thus you would be found guilty of murder and subject to this:



For example British law apparently allows you to settle disputes using trial by combat. About eight years ago a bloke attempted to challenge the DVLA (to Americans think DMV but even MORE useless if this is even possible, then reduce the usefulness and competence by 1000% then reduce it another 100000% then you have the usefulness and competence of the UK DVLA)

Here is the link BTW


In 1997 although PRC law sort of gained primacy over British based HK law, the laws of HK are pretty much the laws of the UK today but splintered off in their own way in slightly different directions.

Anyway the section of law is 212 which nowhere states that a betrayed wife is allowed to kill her husband in such circumstances. There is section 212.8 which says excusable homicide like self defence or misfortune. But nothing specific on wife allowed to kill her husband with her bare hands.

Hell Hong Kong is a grave yard for marriage anyway. With high divorce rates 99 out of 1000 (By contrast the USA is 6.8 out of 1000)

And if this was legal it would be a blood bath daily.... and Hong Kong would look like those Chinese gangsta type movies but without the guns. I mean for starters in Asia the prevalence of working women, is enormous and if there is supply there is demand (what was it those American Lawyers say?.... erm no judgement).

In Mainland China due to illegality it is slightly covert. There are 'barbershops and massage centres'. In HK it is legal under certain circumstances (again like UK law) and quite overt go walk around Mong Kok. Jordan on a evening and see how many times pimps will proposition you. In Macau it is completely overt. And there would be much much death if this law was real Hong Kong would look like this between husbands, wives and mistresses.



And although it would be mildly cool for a while the constant sound of gunfire would get annoying.

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