The UK legislation also gives the court a discretio. to attach a power of police arrest for breach of an injunction in some cases of domestic violence. A court has no such power under existing legislation in Hong Kong.
11
One of the potential difficulties arising from
from the enforcement of the provision excluding the other spouse or cohabitee (paragraph 6(b) above) would be that the ousted spouse or
or cohabitee would find himself (or herself) in the position of having to find alternative accommodation for the period that the exclusion order remained in force. If he were not able to rely on relatives or friends to accommodate him, he would have to rent somewhere to live and this would probably reduce the level of payments he would be able to make as maintenance for his family. The victim (and possibly children) would nevertheless probably still be better off than if she were forced to leave the home. If genuine hardship were to result, Social Welfare Department would be in a position to offer assistance.
Consultation
12
The proposal is put forward a3 the result of representations from the judiciary, the legal, academic, medical and social welfare professions, women's groups and the
press.
Financial and staffing implications
13
It is not possible to estimate the number of cases likely to arise as a direct result of implementing this proposal. Statistics maintained by both the Judiciary and the Legal Aid Department show a substantial increase in the number of matrimonial and other family disputes being referred to the courts. The traditional reluctance to seek legal redress for personal domestic disputes appears to be on
appears to be on the decline. At present cohabitees with
children are unable to seek any form of redress by way of an injunction from a court. To that extent this proposal is most likely to result in some increase in the number of
of applications for legal aid and to the courts. The enactment of such a legal provision may also encourage more victims of domestic violence to seek redress since that redress would be more effective in practical terms than has hitherto been possible.
14
Experience in the UK was that the scheme proved to be more popular than had been anticipated resulting in a significant increase in court work and legal aid expenditure. Until public reaction to the scheme has been assessed and the scheme has been implemented for ä. trial period it would be difficult to assess with any accuracy the level of financial
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