APPENDIX A
H...
XCR (85)106 H Copy No..
MEMORANDUM FOR EXECUTIVE COUNCIL
DOMESTIC VIOLENCE
Introduction
This memorandum seeks Members' advice on whether they support in principle the introduction of legislation similar to the United Kingdom's Matrimonial Homes Act 1967 and the Domestic Violence
Violence and Matrimonial Proceedings Act 1976, the combined effect of which is to extend the protection of the law to a spouse or cohabitee* who is subjected to violence at home.
Background
2
It is difficult to estimate how much domestic violence occurs in Hong Kong. Guidelines have recently been established by the Government for the handling of cases involving such violence and the Social Welfare Department has carried out a trial scheme for reporting and recording cases with a view to assessing the extent of the problem. The trial scheme started in October 1984 and during the three months ending December 1984, a total of 306 reports were made. table showing the profile of the cases reported and type of services rendered is annexed. The number of reported cases is expected to rise as victims become less reluctant to report domestic disputes and as they become more aware of the assistance that is available to them.
3
At present, a spouse who is subjected to abuse by the other has four legally acceptable options
A
violent
*Footnote for the purposes of this Memorandum a cohabitee is defined as a person living with another as husband and wife but who is not legally married to that other person. In UK whether or not a person is a cohabitee is a matter of fact to be established in court taking into account such matters as the length of time the couple have been living
been living together, whether they have children and whether they have in general been behaving as husband and wife.
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