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Domestic Violence (Amendment) Ordinance 2009 to take effect tomorrow
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     The Domestic Violence (Amendment) Ordinance 2009, which seeks to extend the scope of the Domestic Violence Ordinance (DVO) to cover same-sex cohabitants and such former cohabitants, will come into effect tomorrow (January 1). The amendments will enable a party to a cohabitation relationship, whether of the same sex or opposite sex, to apply to the court for an injunction order against molestation by the other party.

     The Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, said today (December 31), "Currently, heterosexual cohabitants are protected by the DVO.  The amendments to the DVO are made in light of the fact that similar special power interface, dynamics and risk factors between heterosexual cohabitants might also exist between same-sex cohabitants in intimate relationships and render the victims reluctant to report to the police the abusers' acts of violence.  

     "As incidents of violence can quickly escalate into life-threatening situations or even fatality, the Government agrees to extend similarly to same-sex cohabitants additional civil remedies on top of the existing criminal legislative framework. But this is under the fundamental policy premise that same-sex relationship is not recognised as a matter of legal status.

     "The amendments have not only responded to the calls of Legislative Council members and the community for protecting same-sex cohabitants, but also fully taken into account the views of religious bodies and parent groups.  Besides, the amendments will not affect other existing legislation and should not be regarded as equivalent to giving legal recognition to same-sex relationships," he stressed.

     A gender-neutral definition of "cohabitation relationship", that is "a relationship between two persons (whether of the same sex or of the opposite sex) who live together as a couple in an intimate relationship and includes such a relationship that has come to an end" has been introduced to the amended ordinance.  In addition, the new provisions have also listed some important factors to assist the court to determine whether a relationship constitutes a cohabitation relationship that is covered by the amended DVO.

     To highlight that the amended ordinance will also be applicable to persons in cohabitation relationships, the short title of the DVO will be revised to read as Domestic and Cohabitation Relationships Violence Ordinance.

     The DVO, enacted in 1986, provides civil remedies in the form of injunctions to protect spouses, people in heterosexual cohabitation relationships and their children against molestation by the other party to the relationship.

     The Government extended the scope of the DVO in August 2008 to include former spouses, former heterosexual cohabitants and other immediate and extended family members.

     The Legislative Council passed the Domestic Violence (Amendment) Bill 2009 after its third reading on December 16 this year to further extend the coverage of the Ordinance to same-sex cohabitants, such former cohabitants and their children.


Ends/Thursday, December 31, 2009
Issued at HKT 10:00

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