In Hong Kong, the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) (DCRVO) specifically addresses matters involving domestic violence.

Table 1: Controlling Hong Kong case law on domestic violence

Types of domestic violence offences recognized

Lau Tat Wai v. Yip Lai Kuen Joey^[1]

Tort of harassment is recognized.

R v. R^[2]

No marital exception to rape under common law.

Injunctions (ouster order and/or non-molestation injunction)

P v. C^[3]

• Non-molestation order and ouster order granted due to continuing molestation and physical assault. However, it is not possible to oust an associated party from the matrimonial home under current law.
• Summarizes DV legislative framework and relevant case law in Hong Kong.

P v. L^[4]

Non-molestation order granted but ouster order refused. Court took into account the wife's 'callous and antagonistic' attitude towards the husband.

D v. L^[5]

Non-molestation and injunction order granted despite no physical violence caused to wife. Costs should follow the event for DCRVO applications.

YLS v. TL (Custody and Domestic Violence)^[6]

Non-molestation order made following serious verbal threats to the victim.

Sentencing

HKSAR v. Fan Tak Wan (范德雲)^[7]

Forgiveness by victim of serious domestic violence carried little weight in sentencing, particularly in the gravity of the offence.

HKSAR v. Cheung Cho-Fat (張祖發)^[8]

Efforts by domestic violence victim to minimize the abuser's punishment carried little weight in sentencing; court emphasized need for deterrence in domestic violence cases.

HKSAR v. Chan Chun Tat^[9]

Sentence reduced due to victim's desire for reconciliation; the spontaneous nature of the offence, and the abuser's 'abnormal' mental condition.

Secretary for Justice v. Lui Jiu^[10]

Abuser's clear record was a relevant consideration during sentencing. See also Section 5.5.1.

Attorney General v. Lau Ching-yau^[11]

The court still increased the sentence despite defendant's guilty plea and previous clear record. See also Section 5.5.1.

HKSAR v. Yu TimHi^[12]

The court can refuse to exercise its discretion to reduce the sentence even where the defendant has no criminal record or prior history of violence. See also Section 5.5.1.

For further case laws on sentencing, please see Section 5.5.

Domestic violence cases are generally dealt by the district court (DC),^[13] while the court of first instance (CFI) may also exercise the powers granted to the DC in urgent cases or in special circumstances.^[14]

The cause of action under DCRVO is molestation by former spouse, relative or the other party of a cohabitation relationship.^[15]

Where sexual violence is involved, there would also be causes of action in indecent assault and/or rape (including cases of non-consensual sex by a spouse).

An array of other potential criminal causes of action, ranging from common assault to wounding or causing grievous bodily harm to attempted murder, may also be relevant depending on the gravity of harm involved.