This Ordinance provides civil remedies for victims of family violence. Spouses/former spouses, heterosexual cohabitants/former heterosexual cohabitants, same-sex cohabitants/former same-sex cohabitants, and other immediate and extended family members can apply to the court for an order against molestation by the other party.

Family violence is a criminal offence. Reporting to the police is one way to stop family violence and make those responsible be brought to account. Before reporting to the police, depending on different crisis situations, the victims can hide in a room or escape from the scene to ensure that they are in a safe place. This is to avoid arousing the abusers' anger and harm caused by serious violence.

If there is enough evidence, the police will bring the case to the court. Family violence often occurs in home or in private. The victim may be the only witness who can testify to the commission of the offence, which the accused may deny. Unless the accused admits the offence and pleads guilty, the victim will in all likelihood be required to testify at court. But the prosecutor will actively consider what other evidence may be available. It is not to be assumed that bringing the victim to court to testify is the only way to prove a case.

In general, the more serious the offence the more likely is it that the public interest in pursuing a prosecution has to outweigh the victim's wishes.

Tsui Lam Centre provides the victims with judicial support services. Our volunteer lawyers and support persons help the victims understand their rights, choice of law, judicial proceedings and the process of relevant forms. Support persons will also accompany the victims to attend interviews with legal professionals and court hearings. They will enhance the victims' confidence in deciding to take legal action to deal with family violence crime.

References: Department of Justice (The Policy for Prosecuting Cases involving Domestic Violence (2009))

The decision to get a divorce is a personal choice. When your marriage breaks down and your spouse's unreasonable behaviours make him/her intolerable to live with, you may consider petitioning for divorce on your own account.

You can include in your petition your wish as to apply for the Ancillary Relief such as maintenance, transfer of property, division of matrimonial assets etc. The Court will take the followings into consideration:

1. Each party's income, earning ability, property, and other income sources;
2. Each party's current or projected financial needs, burden and responsibility;
3. The family's standard of living before marital breakdown;
4. Each party's age and the length of marriage.

Yes. The court can:

1. issue judgment summons, request the judgment debtor to appear in court and take the oath and be questioned about his/her financial capacity;
2. If a person fails to make payment without giving reasonable excuse at the hearing, he/she is liable to imprisonment for contempt of court;
3. The court can also issue an injunction to give consent to Immigration Department to prevent the judgment debtor from leaving Hong Kong.

No. Employment and financial condition are only two of many factors to be considered. The court will stick to the principle of the best interest of the child and take into account all relevant factors which include:

1. the preservation of the child’s status quo;
2. the ages, physical and mental health of the parents and the child;
3. the personality, capability and character, financial resources of the parents;
4. the accommodation available to the child;
5. the child's own wishes and views;
6. the benefit of keeping the siblings together with one parent;
7. the religion and culture of the family;
8. professional reports, the court can request a report for reference from the Social Welfare Department about the family members' living conditions.

Any person who does not comply with a court order may be charged with contempt of court. In some serious cases, people are liable for imprisonment. Given that your situation is no longer suitable for enforcement of the original order, you can consider apply to the court for the change of access, such as supervised access which requires presence of a social worker or other appropriate person to protect the interest of children.

1. Programmes that provide representative lawyer in legal proceedings or court hearings

The Duty Lawyer Scheme
Rooms 2707-8, Gloucester Tower,The Landmark, 11 Pedder Street,Central, Hong Kong
Tel.: 2526 5969
Fax: 2868 1754

Hong Kong Bar Association : Bar Free Legal Service Scheme

2. Provide legal advice or support to the person involved

Free Legal Advice Scheme
The Scheme has nine Legal Advice Centres in respective district office.

Tel-law Scheme
The Tel-Law Scheme is a fully computerized system and operates 24 hours at 2521 3333 and 25228018.

Resource Centre for Unrepresented Litigants
Address : Room LG105, Lower Ground Floor 1, High Court Building, 38 Queensway, Hong Kong.
Telephone : 2825 0586
Fax : 2825 0588

3. Hire private practitioners