Daphne Iking (Sabahan fame – TV presenter, host and brand ambassador) was having some prolonged business discussions (??) with business man, Choy Khin Ming… perhaps a couple of hours too long… making husband, Ryan Chong unhappy. He successfully dragged Mr Choy to court in a civil suit through a penal code section 498 summon despite the Public Prosecutor having refused to proceed with it earlier on. The rest of the story is nothing but unhappiness…..or certainly embarrassing to say the least!
Generally, 80% of them Kadazan girls have big legs, feet and thighs, guess, much like a tree trunk… they probably make Malaysia Olympic champion in football if the Sports Minister focuses on training them to be…. I think Ryan made a right mistake…. Daphne’s legs seem to be in order!
What is the this Penal Code, Section 498?
“Whoever takes or entices away any woman who is and whom he knows, or has reason to believe, to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals, or detains with that intent any such woman, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”
The current big fuss created by Ryan’s legal suit against Choy:
(1) Is this Penal code’s section 498 an ARCHAIC LAW? I doubted… The drafter of this section took into consideration the need to protect the institution of family and blessedness of marriage, while recognising the weaknesses of the females. If we read the section from a social perspectives then it is very much of relevance even in today’s society, especially so where our urban community continues to enlarge at a very fast pace. In the absence of this section, the simple folks may not be adequately protected or in layman term, being bullied . Having this section it would certainly put certain quarters having that “sexual intention” at bay! Thus we can look at this section as a very relevant form of SOCIAL INSURANCE.
(2) Is this section an insult to the intelligence of female folks – signifying they are easily enticed and so naive as to be seduced? This is nothing about whether the ladies are intelligent enough not to be seduced or enticed, it is just that society can never accept the female folks to be at par with the males. They (including the lady folks themselves) cannot bear to see their married female (both family and relative) members being cheated by men, and if this did happened the damages to the marriage and family are irreparable. The amount of embarrassment that this brings to the family is irreversible…. So this is very much a “Prevention rather than cure” form of laws. Then the lady folks may ask a question, “Why is such law only applicable to the women and not the men; women should be likewise able to sue any third party who likewise entice or seduce their husbands….correct? We do agree with this and the argument should appropriately be along this line of firing.
While we agree that this section 498 is not archaic but it is really an uphill task trying to show Mr. Choy having acted to entice or seduce Miss Daphne with the intention that she may have illicit sex with him…. Ryan would have to adduce enough evidence to prove a prima facie case that Choy did acted (actus reus) in enticing and / or seducing…. and to show Choy did possessed a state of mind (mens rea) to get illicit sex from Daphne… if we look at section 498 from the perspective of “criminal” branch of laws, which indeed this Penal code is all about! However, the peculiarity here is about a civil suit founded upon the Penal code.
It is going to be unavoidable lengthy with many friends and personalities being dragged to court to provide testimonies and so on… Surely this is more embarrassing for Daphne. Perhaps it is Ryan’s way of getting equal with someone and this may include his wife. But it is important for members of the public at large for Ryan to win simply because any favourable results would surely upheld the social insurance aspect of this said section 498!
There is no law for adultery but only law for enticing another man’s wife. So it is perfect if you have sex but just don’t entice her lah or else you will end in court like our Mr. Choy Khin Ming. However, it is important for Ryan to secure a win simply because the social insurance aspect of section 498 can be reinforced! 🙄