The social construction of Domestic and Cohabitation Relationships Violence Ordinance in Hong Kong

Abstract

The Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) is a landmark in the legal system in Hong Kong. After an exceptionally hot debate, the scope of applicants for injunctions against domestic violence was extended to cover same-sex cohabitants. Indeed, concerns over same-sex domestic violence were vanished along with the commencement of the DCRVO. Despite some literature concerning the effectiveness and underutilization of the newly amended legislation, there is a gap regarding the social construction process. This research seeks to investigate the underlying factors and power relations in shaping the policy. Policy design and social construction theory is used in explaining the social construction process of the DCRVO. Schneider and Ingram (1993; 1997) suggest that looking into political and social process of policy shaping and their characteristics, can reveal the power battle embedded in policy initiation and the alternatives used in targeting particular social problems. Methodologically, semi-structured interviews were conducted with five major stakeholders from opposing camps to explore the views, reasoning and tactics they used in garnering public support. Results showed that familial norms and religious norms had exert great influence in shaping the DCRVO. The ultimate naming of the DCRVO reflected a compromise by the government towards powerful Religious groups while the delayed supporting services for same-sex domestic victims told the powerlessness of the gay rights organizations. Major controversies are disclosed in this research: (1) definitional problem; (2) discrepancy over “equal protection”; (3) distorted knowledge about DV; (4) disparate use of “culture of fear”; (5) diffusion of support for same-sex marriage and (6) delayed supporting services.