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Domestic violence law may also cover separated couples

People who face harassment or threats from estranged spouses may be eligible to apply for court protection under a government proposal to reduce domestic violence.

The Domestic Violence Ordinance currently covers only married couples and people living together, who can apply for a court injunction to stop their partners from approaching them for up to six months. Under the proposal, the ordinance would be extended to cover broken relationships, with the time limit extended to 24 months, a government source said.

The issue will be discussed in the Legislative Council today.

Irene Ng Wai-ching, service co-ordinator of the Association Concerning Sexual Violence Against Women, said the proposed changes were a big step in protecting victims of domestic violence.

But she said the proposal should also cover other family members, especially the elderly who were vulnerable to abuse because of poor health and old age.

Under the proposal, a court would be able to issue an arrest order for police to take immediate action when it was believed the applicant was at risk of violence.

Currently, victims have to prove they have been physically abused before they can apply for such a court order.

Relatives, siblings, grandparents or those close to children under 18 who could face abuse would be able to apply for an injunction order for their protection.

Currently, only parents who live with children have the right to do so.

A government source said: 'We have found that some abusers are in fact the parents. So we hope that the changes can plug the loophole.'

Peter Kwan Kin-shing, director of the Hong Kong Student Aid Society, supported the proposed changes. 'As a matter of fact, our current law is too outdated and needs to be amended to curb the social problem,' he said.

The government source said a public consultation would be carried out to seek comments from welfare agencies before the proposal was tabled in the legislature for discussion at the end of the year.

Family violence has sparked widespread concern in the community, with child abuse and spouse-battering cases reaching a record high last year.

The Social Welfare Department recorded 763 child-abuse cases last year - 23 per cent more than in 2004 and 145 per cent more than in 1996.

The number of spouse-battering cases rose to 3,598 last year - a 7 per cent rise from the 3,371 in 2004 and 256 per cent more than the 1,009 cases in 1998. Yuen Long topped the list, with 133 child-abuse and 581 spouse-battering cases last year.

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