TNAG-1447-FCO40-1931-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1986 — Page 162

For discussion

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XCR (86)3

on 7 January 1986

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MEMORANDUM FOR EXECUTIVE COUNCIL

DOMESTIC VIOLENCE

3.7...

O

Из

Introduction

On 28 May 1985, the Council considered memorandum XCC(85) 106 (annexed) which sought Members' advice on whether they would support in principle the introduction

of legislation similar to the Matrimonial Homes Act 1967 and the Domestic Violence and Matrimonial Proceedings Act 1976 the combined effect of which would extend the protection of the law to a spouse or cohabitee who is the victim of violence at home. Members advised and the Governor ordered :

(a)

(b)

(c)

that the principles of the legislation should be supported;

a

proposed

that a revised memorandum with a draft bill should be submitted to the Council in three

including months

the option of justices of the peace or access to a judge;

access

that in parallel with the preparation legislation, the advisory

advisory bodies should consulted; and

tol

of be

(d) that a press release be issued setting out the principles of the scheme and inviting

representations.

1 0 JAN 1986

HHK 011/2

RECEIVED IN REGISTRY

DESK OFFICER

INDEX

PA

| RÉGISTAY

Action Taken

This Memorandum provides Members with

an interim report on progress made SO far and seeks Members' advice on the preparation of the draft legislation. The failure to meet the 3-month deadline is regretted. But the consultation process has taken longer than expected.

Press release

2

A press release was issued on 28 May 1985. Members of the public were invited to comment on the proposed legislation and on whether or not a provision should be included to enable the victims of domestic violence to apply to, say, two justices of the peace for injunction orders, rather than having to go through formal proceedings in court.

3

Comments received were generally favourable. Women's groups and social workers welcomed the proposed legislation. But the more conservative sector of the community expressed reservations. They feared that such injunction orders would lead to divorce proceedings and the breaking up of families.

G.S. 84

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