Fridae

From January 1, same-sex couples in Hong Kong will be covered under the territory’s domestic violence law after a year-long debate. The government first submitted a proposal in August 2008 to extend the scope of the law to cover to former spouses or cohabitants, same-sex couples as well as immediate and extended family members. The same-sex couples part of the amendment was however met with fierce opposition from conservative Christian groups and some lawmakers who argued that the move would promote same-sex relationships and a step towards recognising same-sex unions. 

During that time, local LGBT groups including Women's Coalition Hong Kong, Hong Kong Ten Per Cent Club, Rainbow Hong Kong and Rainbow Action had actively campaigned for the amendment and protested against certain legislators who opposed the amendment. 

The amendment when enacted will allow victims of violence in a same-sex cohabitation relationship to seek legal remedies and apply for court injunctions to prohibit abusers from entering or remaining in their residences. The law does not confer any legal status to same-sex relationships. Currently, the law covers (different-sex) married couples and heterosexual cohabitants.

According to reports, lawmakers only reached consensus only after the government agreed to rename the law currently known as Domestic Violence Ordinance (家庭暴力條例) to Domestic and Cohabitation Relationships Violence Ordinance (家庭及同居關係暴力條例), so as not to be perceived to be conferring any legal status to same-sex relationships.

A press release (Civil remedies against molestation to be extended to same-sex cohabitants) issued by the Labour and Welfare Bureau on Jun 3, 2009 explained: "This is to highlight that the amended DVO is also applicable to persons in cohabitation relationships, that victims of 'domestic violence' and 'cohabitation relationships violence' alike will be afforded protection under the new law and that 'domestic violence' and 'cohabitation relationships violence' are two different categories with no inter-relationship.

"The bill represents the Government's best endeavour in reaching a viable solution acceptable to all. We have struck a reasonable and pragmatic balance in addressing the concerns of the related groups," Secretary for Labour and Welfare, Matthew Cheung Kin-chung, said.