Review of Domestic Violence Ordinance (DVO)

Bureau / Department	Labour and Welfare Bureau (LWB)
Objective	To review and update the DVO with a view to enhancing protection for victims of domestic violence.
Content	The DVO, enacted in 1986, provides civil remedies in the form of injunctive orders to protect primarily individuals in certain specified familial relationships and their children against molestation by the other person. In 2005-06, LWB in conjunction with concerned bureaux and departments conducted a comprehensive review of the DVO and related matters. In the process, we have applied the Gender Mainstreaming Checklist, taking into account the different needs and perspectives of both genders. We have consulted relevant stakeholders, including the Women's Commission, Legislative Council (LegCo) Panel on Welfare Services and its subcommittee, other relevant government advisory bodies, welfare NGOs, and women's groups etc. In June 2007, we introduced the Domestic Violence (Amendment) Bill into LegCo. The Bill was subsequently passed by LegCo in June 2008 and came into operation on 1 August 2008. Under the amended legislation, the scope of coverage has been expanded, from covering molestation between married couples and heterosexual cohabitants, to cover also former spouse/cohabitants, as well as immediate and extended family members. The maximum validity of the injunction order has been extended from six months to two years to dovetail with the corresponding matrimonial or custody proceedings, which normally take about 18 to 24 months. We have also expanded the conditions under which the court may attach an authorisation of arrest to an injunction order - the court can now do so if it is satisfied that the abuser has caused actual bodily harm to the applicant or the child concerned; or if it reasonably believes that the abuser will likely cause bodily harm to the applicant and the child concerned. In addition, under the amended legislation, the court may require the abuser to attend an anti-violence programme (AVP) when granting a non-molestation order with a view to changing his / her abusive attitude and behavior. The AVP is psycho-educational in nature and is available to different types of abusers. Among others, it will comprise contents on the key elements of a positive and healthy relationship, including the importance of gender equality and mutual respect, support and empathy to other persons.
Groups / Persons Affected	Victims of domestic violence and their children.
Impact	It is widely recognised that domestic violence is a gender-based violence and majority of the victims are women. The legislative amendments to the DVO greatly enhance the protection for victims of domestic violence and hence have positive impact on women. In conducting the review and in drawing up the legislative proposals, we have fully taken into account women's needs and perspectives. Sex-disaggregated data on child abuse, spouse battering and elder abuse cases are collected and studied regularly to monitor the trend of domestic violence and the profile of abusers and victims. During the consultation process, it has come to our knowledge that some victims or even some frontline professionals might not be very aware of the scope of legal protection afforded by the DVO. As such, following enactment of the amended DVO, we have conducted several briefings for frontline social workers from the Social Welfare Department, NGOs and refuge centres for women, and related advisory bodies. We will also continue our publicity efforts to increase public awareness of the much-expanded protection of the new legislation, and to help victims of domestic violence understand their rights, protection provided by law and support services available.
Success Factor / Lessons Learned	As domestic violence is a gender-based form of violence, it is important to take into account the needs and perspectives of victims when devising the legislative proposals. Relevant stakeholders, including the Women's Commission and women's groups, have been consulted throughout the review and legislative process and we have to a large extent taken on board their views when finalising the legislative proposals. These have facilitated the sail of the amendment bill in the legislative process.