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Macau Periodical Index (澳門期刊論文索引)
- Author
- Ho, Chi Kuen
- Title
- Voilence within the family: civil protection and criminal responsibility in Hong Kong
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2017, No.41, pp. 223-231
- Keyword
- Violence in family；Criminal prosecution；Marital rape；Civil remedy；Injunction；Molestation；Oster order；Cohabitation relationships；Same sex couple；Variation of existing custody and access orders；Batterer
- Abstract
- Abstract : In Hong Kong, there has been an increasing number of domestic violence cases involving child abuse and spouse battering. This paper explores Hong Kong's legal redress in dealing with problems of domestic violence by way of criminal prosecution and civil redress for protection under the relevant legislation and the common laws. There is no specific criminal offence of domestic violence in Hong Kong. If the act of domestic violence involved a criminal element, it would be dealt with under the general criminal legislation. Marital rape is now included as a ciminal offence after the law amendment in 2002. While physical violence can be a criminal offence, ther is difficulty in prosecuting verbal abuse. Sentencing of domestic violence is also a challenging task as imprisonment is not an appropriate choice in most cases. Victims of domestic violence may also seek protection from civil proceedings. On application for protection, the court may grant the necessary injunctions provided that it has the jurisdiction to make the orders, namely non-molestation order, ouster order and entry order. The court may also grant an injunction for same sex couples if it is satisfied that the applicant has been molested by the other party to the cohabitation relationship. Domestic violence is not only damaging to individuals and families, but also to society as a whole by being a serious economic burden. More funding should be granted to cover legal costs for victims in need of assistance, suporting services and public education on domestic violence. Paragraph Headings: 1. Introduction 2. Criminal Prosecutions on Domestic: Violence 3. Civil Protection Against Domestic Violence 4. Conclusion