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The DC and CFI has broad discretion conferred to it in granting injunctions of whatsoever nature in all cases in which it appears to the court to be just and convenient to do so.^[55]  However, in our responses below, we will focus on the protection statutorily provided.

There are three principal forms of injunctive relief under DCRVO^[56] as set out in Table 3. Note that a juvenile court may also make orders in relation to the guardianship, custody and control of minors who are victims of domestic abuse, as discussed further in Section 4.3.

Table 4: Injunctive relief under Hong Kong domestic violence legislation

Available court orders pursuant to DCRVO	Remedy
Re-entry order	Requires abuser to allow applicant to re-enter and remain on the specified property. No cohabitation requirement but only available where applicant and/or minor resides with the abuser.
Ouster order	Restrains abuser from entering or remaining in the home of the applicant and/or minor, a specified part of that home or any other specified area (e.g., a specified school or workplace) for as long as the injunction remains in effect.
Non-molestation order	Restrains abuser from molesting the applicant and/or minor for as long as the injunction remains in effect and will usually broadly cover the abuser's actions and those done for them by any third party.

The court can also order mandatory counselling for the abuser under the SWD's Anti-Violence Program. Depending on the circumstances of the case, the court may attach an authorization of arrest to the injunction which offers the complainant immediate protection from the violence in question.^[57]

Remedies under DCRVO are available for a person who has been molested by the following:^[58]

1. his/her spouse or former spouse
2. his/her partner or former partner in a cohabitation relationship
3. a relative

The relief is not limited to spouses or former spouses of the abusers. DCRVO expressly provides that both heterosexual and homosexual cohabitation relationships fall within its scope. A person may also make an application for minors (e.g., a parent or "next friend").

The cohabitation requirement for partners or former partners is interpreted broadly. DCRVO does not require that the parties to the application cohabit, but rather use cohabitation as one of the markers of the nature of the relationship in question. If other relevant factors are present, such as a sexual relationship between the parties, sharing of expenses and financial dependence or interdependence, and shared care of a child, it may not be necessary to satisfy the court that the parties live together.^[59]

DCRVO

Relief under DCRVO (see Table 3) is available for minors.

In some situations, an applicant may apply for a custody or other such order that permits an abuser access to the minor to be varied or suspended as the court considers necessary.^[60] Such variation/suspension will cease to have an effect upon the expiry of the validity period of the injunction.^[61]

PCJO^[62]

Separately, a juvenile court may make orders in relation to guardianship, custody and control of children and juveniles^[63] in need of care and protection. Notably, either on its own volition or upon the application of the director of social welfare ("SWD Director") or any police officer, the court may appoint the SWD Director to be the legal guardian of such child or juvenile. Alternatively, the court may commit the care to any person, whether a relative or not, who is willing to undertake the care of the child, or to any institution that is willing to do so.

The court can also order parents or guardians to enter into a recognizance to exercise proper care and guardianship or place the person for a specified period, not exceeding three years, under the supervision of a person appointed for the purpose by the court.^[64] In respect of maintenance and support, the court may make an order on the parent or other person liable to maintain the child or juvenile to contribute to the maintenance during a certain period and such sums as the court may think fit, and may from time to time vary such orders.^[65]

PCJO also enables police officers and social workers to take action to protect a child or juvenile in need of care or protection (e.g., the child or juvenile has been or is being assaulted, ill-treated, neglected or sexually abused). Police officers and social workers authorized by the SWD Director have the responsibility to intervene to protect a child or juvenile in need of care or protection.

Yes. An ouster order is a remedy available under DCRVO. See Section 4.1.1.

Court orders available are set out in Sections 4.1.1 and 4.1.3 Generally speaking, the DC^[66] and the CFI may also grant injunctions of whatsoever nature in all cases in which it appears to the court to be just and convenient to do so.^[67]

Yes. A person may apply for injunctive relief under DCRVO on behalf of a Specified Minor.^[68] For other minors who wish to make such an application against a relative, the application will be made by a "next friend" (see also Section 3.1).^[69] No particular category of person is excluded from acting as "next friend" of a minor under Hong Kong laws. A "next friend" is normally a family member, guardian, or close acquaintance, who has no conflict of interest in the subject matter of the proceeding.^[70]

As set out in Section 4.1.3, the juvenile court may make a "care and protection" order on its own motion, or upon the application of SWD Director or of any policy officer.

Orders available under DCRVO as set out in Section 4.1.1 are categorized by purpose rather than period of validity. The court will however consider the degree of urgency if a party makes an application by ex-parte summons.^[71] Orders granted under either DCRVO and PCJO may be subject to extension and/or variation as the court considers appropriate.^[72] For other injunctions granted by court, the validity period will depend upon the circumstances of the particular case and the circumstances and conduct of the parties involved.

As mentioned, the court has wide discretion to grant injunctions where it is just and convenient to do so, including the validity period as it thinks appropriate.

Yes. For orders under DCRVO, in urgent cases an applicant may issue an ex parte summons either with or without notice to the abuser. Upon issue, the Family Court Registry can arrange for the applicant to see a judge as soon as practicable.

If the initial injunction has been obtained by way of an ex-parte summons (with or without notice), the applicant has to issue an inter partes (between the parties) summons shortly thereafter. This needs to be served on the abuser together with the injunction. There will be a return date for both the applicant and the abuser to appear before the court and the court will then decide whether the ex parte injunction should continue.^[73]

While the proper forum of a DCRVO application should be the District Court, in case of urgency, the CFI will still deal with the application.^[74]

Court orders available under DCRVO (see Section 4.1.1) do not include "emergency" orders as a distinct category, though victims may make ex parte applications in urgent cases (see Section 4.1.8).

Eligible family members may also apply for protection under DCRVO themselves under the usual procedure (see Section 4.1.2)

The DC and the CFI's broad discretion to grant injunctions (see Section 4.1.5) may include such extended protection to affected family members.^[75] For example, in YLS v TL,^[76] the wife had previously made an application of a non-molestation order and an ouster order. She then issued a fresh summons seeking a non-molestation order and an order restraining with slightly different terms. The court eventually made an order in favor of both the wife and her children although the wife did not make an application on behalf of the children. However, it should be noted that the first half of the judgment was about a custody order, and the judge was of the view that the children were terrified from witnessing the domestic violence.

The injunctive orders under DCRVO will have effect for a period not exceeding 24 months and can be extended, as the court considers appropriate.^[77] Under PCJO, an order placing a child or juvenile under supervision of an appointed person will last for a period not exceeding three years.^[78] Other orders available under PCJO do not have specific time limit.

Table 5: Sources of statistics on domestic violence cases in Hong Kong

The Child Protection Registry (CPR) and the Central Information System on Spouse/Cohabitant Battering Cases and Sexual Violence Cases (CISSCBSV) (both managed by SWD) captures statistics on cases involving child protection, spouse/cohabitant battering and sexual violence cases.

https://www.swd.gov.hk/vs/index_e.html#s3

Crime Statistics Comparison provided by the Hong Kong Police Force (including domestic violence crimes)

https://www.police.gov.hk/ppp_en/09_statistics/csc.html

Breakdown of domestic violence cases received by Family and Child Protective Services Units of Social Welfare Department between 2015-16 and 2019-20

https://gia.info.gov.hk/general/202004/29/P2020042900265_340257_1_1588147292135.pdf

Breakdown of "Domestic violence" cases handled by the Police between 2015 and March 2020

https://gia.info.gov.hk/general/202004/29/P2020042900265_340258_1_1588147292142.pdf

Breakdowns of the prosecution, conviction and sentence of "Domestic Violence (Crime)" cases between 2015 and 2019

https://gia.info.gov.hk/general/202004/29/P2020042900265_340259_1_1588147292150.pdf

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An applicant is required to file a supporting affirmation/affidavit at the same time when issuing the summons for the injunction application.

Table 6: Documentation required for protective orders under DCRVO^[79]

Non-molestation orders

All details of the molestation and other relevant information, including any photographs, medical/ hospital reports or other documentary evidence.

Ouster/re-entry orders involving a spouse/former spouse/partner/former partner in a cohabitation relationship

Same as above, including sufficient details to enable the court to consider:

• the conduct of the parties, both in relation to each other and otherwise
• the parties' respective needs and financial resources
• the needs of minors
• all the circumstances of the case (including any evidence that helps satisfy the court that, having regard to the permanence of the relationship between the applicant and the abuser, it is appropriate in all the circumstances to grant that injunction)

It is common to also include:

• evidence of the ownership and occupation of the common residence/matrimonial home
• reasons why it is not practical for the parties to remain living in the same place
• whether any alternative accommodation is available to the applicant, the specified minor or the abuser

Ouster/re-entry orders involving a relative

Same as the documentation set out for non-molestation orders above, with additional details on:

• the common residence of the applicant and the abuser (where the applicant resides with an abuser who has the legal or beneficial interest in, or the contractual or legal right to occupy, the residence)
• the impact of the injunction on the relationship between the applicant, the abuser and his/her other family members who reside with the applicant and the abuser (where the applicant resides with the abuser)
• the conduct of the parties, both in relation to each other and otherwise
• the respective needs and financial resources of the parties
• all other relevant circumstances of the case

Yes. The applicant has to personally attend the Family Court Registry to file the injunction application.^[80]

If the prosecution initiates criminal proceedings against the abuser, vulnerable witnesses such as witnesses in fear,^[81] "mentally incapacitated persons" (as described in law) and children may opt for alternative means to give evidence.^[82] In general, more options are available for such individuals.

Table 7: Alternative means of providing evidence in criminal proceedings

Evidence given by live feed within same court premises

Child^[83]

In cases involving an offence of sexual abuse, cruelty or assault triable on indictment or either summarily or on indictment.

May give evidence or be examined by way of a live television link.^[84] Courtroom and other room is linked by way of a closed circuit television system, so that persons at the courtroom can see and hear the witness, and the witness can also hear and/or see persons in the court room subject to conditions as the court considers appropriate in the circumstances.

Mentally incapacitated person (as defined in law)

In respect of an offence triable on indictment or either summarily or on indictment.

May give evidence or be examined as in the above.

Witness in fear

In any circumstances. May be permitted by the court on application or on its own motion.

May give evidence or be examined as in the above.

Video recorded evidence

Child^[85]

In cases involving an offence of sexual abuse, cruelty, or assault triable on indictment or either summarily or on indictment.

Video recordings may be played in court as part of the evidence.^[86]

Mentally incapacitated person (as defined by law)

In respect of an offence triable on indictment or either summarily or on indictment.

Video recordings may be played in court as part of the evidence.^[87]

Depositions^[88]

Child or mentally incapacitated person (as defined by law), upon application in writing by a party to the proceedings

If it is unavoidable that trial cannot be heard without delay, or if exposure to a full trial would endanger the physical or mental health of the child.

The victim may apply for the remedies set out in Sections 4.1.1 and 4.1.3. The victim may also sue for damages in tort in a separate proceeding.

There are no statutory time limits for the application of orders under DCRVO. However, as a general rule, the applications of injunctive relief should be made without delay. A delay may hinder the application as the court may consider that there is no "real necessity" to grant the order(s).

For actions in respect of personal injuries, the limitation period is three years.^[89] For actions of tort (other than personal injuries), the limitation period is six years.^[90]

In urgent cases, an applicant may issue an ex parte summons either with or without notice to the abuser under DCRVO. See also Section 4.1.8.

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DCRVO confers on DC a wide discretion in making orders, having regard to "all the circumstances of the case."^[91] For orders concerning a minor, the court will regard "the welfare of the minor as the first and paramount consideration" when considering a variation or a suspension of such an order.^[92]

The PCJO also confers upon the juvenile court a wide discretion regarding the order of care and protection.^[93]

In addition, any order that the CFI considers just or convenient to grant "may be made either unconditionally or on such terms and conditions as the court thinks just".^[94] The DC also enjoys the same powers as the CFI in any proceedings before it "to grant the relief, redress or remedy or combination of remedies, either absolute or conditional."^[95]

Under the DCRVO, a person satisfying the requirements can make the application on behalf of minors as discussed in Sections 4.1.2 and 4.1.6. There is no statutory age limit for other applicants.

Protective orders over children or juveniles^[96] in need of care and protection can only be initiated by the juvenile court on its own volition, or on application of the Department of Social Welfare or any police officer.^[97]

There is no statutory age limit for other orders pursuant to the inherent power of the court.

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Costs for applications made pursuant to DCRVO should follow the event.^[98] Unlike interlocutory injunctions for civil cases, the usual order of costs in the cause should not be made in the context of statutory injunctions granted under DCRVO. Therefore, if the application for injunction is successful, the victim will be able to recover costs for the proceedings.^[99] Likewise, if the application fails, the applicant will have to bear their own costs.^[100]

It should be noted that a minor departure of the order granted from the order sought by the victim is unlikely to have any cost consequences against the victim as long as the application is "substantially successful."^[101]

Yes, however relevant case law in Hong Kong at this time involves only domestic violence victims who are foreign domestic workers. As a general rule, victims of assault cases can claim for loss of earnings as part of pre-trial, post-trial financial loss, and loss of earning capacity (if the applicant is unable to work as a result of the abuse). Therefore, in theory, a DCRVO applicant may file a tort case against the abuser to make claims for loss of wages/profits.

In Hong Kong, foreign domestic workers are considered a special category of imported labor that is governed by a specific set of rules. Notably, foreign domestic workers are not eligible for the right of abode, and must work and reside in the employer's residence.^[102] Upon termination of contract, foreign domestic workers are only eligible to stay in Hong Kong for two weeks.^[103] Foreign domestic workers are therefore an especially vulnerable group as they have very limited options to leave an abusive household and are less likely to report cases of abuse, as they would be required to return to their home country within two weeks of termination of contract unless they can find a new employer.

There have been a number of cases where loss of wages were successfully claimed by a foreign domestic worker.^[104] This would include the pre-trial loss of earnings on the basis that but for the abuser's wrongful act, the foreign domestic worker would be able to complete the two-year employment contract. In addition, loss of earning capacity resulting from psychiatric injuries or impairment in social and occupational functioning can be claimed where the court is satisfied with the relevant expert evidence.^[105]

Table 8: Separate civil processes for certain remedies

DCRVO orders (non-molestation, ouster and re-entry orders

No, where orders are between spouses, former spouses, cohabiting partners, former cohabiting partners, or other relatives. This is the case whether or not any other relief is being sought in the same proceedings.^[106]

Protective orders

For children or juveniles, can only be initiated by the juvenile court on its own volition, or on application of the Department of Social Welfare or any police officer. As domestic abuse cases are generally not decided in the juvenile court, a separate proceeding is usually required.

Other civil legal remedies

Court generally has wide discretion to make various orders, including injunctions, depending on the circumstances.

A court undertaking, as a voluntarily assumed obligation on the part of the respondent, can be a useful tool to prevent further domestic violence between parties, if the respondent is willing and unlikely to breach it. Generally viewed by the court as creating the same obligations as a court order.

Civil prosecution

Where criminal prosecution may be underway, a victim would have to institute separate civil proceedings to obtain the other civil remedies not mentioned above (e.g., monetary compensation). In any civil proceedings, the fact that a person has been convicted of an offence will be admissible in evidence for the purpose of proving that they have committed that offence.

Victims may also reach out to the following organizations, amongst others, for help and support.

Table 9: Resources for victims of domestic violence

Social Welfare Department

Telephone: 2343 2255 (General enquiry)

Website: https://www.swd.gov.hk/en/index/site_pubsvc/page_family/sub_listofserv/id_VSPforVFV/

Harmony House

Telephone: 2522 0434 (24-hour hotline)

Website: https://www.harmonyhousehk.org/eng/content/contact-us/

Family Crisis Support Center operated by the Caritas-HK

Telephone: 18288 (24 hour hotline)

Website: http://fcsc.caritas.org.hk/

Po Leung Kuk Refuge Centers for Women (Including Wai On Home for Women, Sunrise Court and Dawn Court)

Telephone: 8100 1155 (24 hour hotline)

Website: http://womenrefuge.poleungkuk.org.hk/en_about.php

Christian Family Service Centre — Serene Court

Telephone: 2381 3311 (24 hour hotline)

Website: https://www.cfsc.org.hk/serenecourt/b5_aboutus1.php