POLICIES FOR VICTIM PROTECTION AND SUPPORT:CURRENTSITUATION AND PROBLEM S FACED BY VICTIM S OF CRIM E IN
HONG KONG
Betty PANG Mo-yin

I. INTRODUCTION TO HONG KONG
A. Geographical Location
Hong Kong is located in Eastern Asia,the southeast coast of the Peopleʼ
s Republic of China,facing
the South China Sea. Geographically,it consists of three main territories namely,Hong Kong Island,
Kowloon and the New Territories. The geographical location of Hong Kong is at Appendix A.
B. Size and Population
The area of Hong Kong is 1,104 sq km. The population at the end of 2012 was 7,173,000.
C. The Hong Kong Special Administrative Region
The Chief Executive (CE)is the head of the Hong Kong Special Administrative Region (HKSAR).
The main administrative and executive functions of the Hong Kong Government are carried out by
three secretary departments, 12 policy bureaux (consisting of 61 departments and agencies)and otherservices.
(a)Secretaries of Departments
Chief Secretary for Administration
Financial Secretary
Secretary for Justice(b)Directors of Bureaux
Secretary for Transport and Housing
Secretary for Home Affairs
Secretary for Labour and Welfare
Secretary for Financial Services and Treasury
Secretary for Commerce and Economic Development
Secretary for Constitutional and M ainland Affairs
Secretary for Security
Secretary for Education
Secretary for Civil Service
Secretary for Food and Health
Secretary for the Environment
Secretary for Development(c)Other Services
Commissioner of Police
Commissioner of Independent Commission Against Corruption
Commissioner of Customs and Excise
Director of Immigration
Director of Audit
The civil service employed approximately156,000 people,or about 4% ofthe Hong Kong workforce.
Apart from administering public services, its main tasks are to assist the Chief Executive and princiSenior Superintendent of Police, Hong Kong Police Force.

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pals in formulating policies and carrying out decisions.
D. Special Features
Hong Kongʼs free economic system and low tax rate have created a favourable environment for thecityʼ
s development in finance, banking, trade, industry and commerce, real estate, shipping and civil
aviation. Hong Kong is one of the most densely populated places in the world. The land population
density in mid-2012 stood at 6,620 persons per sq km.
E. Visitors
In the year 2012,Hong Kong registered a record of 48.62 million visitor arrivals. M ainland visitors
reached 34.91 million in 2012 and continued to be the largest source of visitors to Hong Kong.
F. Crimes
In 2012, a total of 75,930 crimes were reported. The overall crime rate was 1,064 per 100,000
persons.

II. HONG KONG POLICE FORCE
A. Command
The Hong Kong Police Force (the Force)is headed by the Commissioner of Police who is responsible to the Chief Executive of the Hong Kong Special Administrative Region for the administrationand operational efficiency of the Force. He is assisted by two Deputy Commissioners. The Deputy
Commissioner of Police (Operations) is responsible for operations, crime and security; whereas the
Deputy Commissioner of Police (M anagement) is responsible for personnel, training, management
services, finance, administration and planning.
At the end of 2012, the Force had 28,400 regular police officers, 4,700 civilian staff, and 4,500
auxiliary police officers. The police-population ratio in 2012 was 394 regular officers for every 100,000
persons.
B. Vision, Common Purpose and Values
The Forceʼs Vision, Statement of Common Purpose and Values have been in place since 1996.
VisionThat Hong Kong remains one of the safest and most stable societies in the world

CommonPurposeThe Hong Kong Police Force will ensure a safe and stable society by:upholding the rule of law
maintaining law and order
preventing and detecting crime
safeguarding and protecting life and property
working in partnership with the community and other agencies
striving for excellence in all that we domaintaining public confidence in the Force

ValuesIntegrity and honesty
Respect for the rights of members of the public and of the ForceFairness, impartiality and compassion in all our dealings
Acceptance of responsibility and accountability
Professionalism
Dedication to quality service and continuous improvement
Responsiveness to change
Effective communication both within and outwith the Force

C. Strategic Directions
The Force reviews its Strategic Directions on an annual basis. The Strategic Directions 2012-2014
cover Engaging the Community, Enhancing Personal and Professional Qualities of Force M embers,
Strengthening Criminal Intelligence Gathering Force-wide, and Supporting Frontline Units.

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D. Classification and Detection of Crime
The Force classifies crimes into the following ten categories:(a)Violent Crime against Person(b)Violent Crime against Property(c)Burglary & Theft(d)Fraud & Forgery(e)Sexual Offence(f) Serious Drug Offences(g)Offences against Lawful Authority(h)Serious Immigration Offences(i) M iscellaneous Crimes(j) Preventive Crime
In 2012, 75,930 crimes were reported. 33,094 cases were detected;representing a detection rate of
43.6%, which was an increase of 1.1% when compared with 42.5% in 2011.

III. VICTIM PROTECTION AND SUPPORT
A. Problems Faced by Victims
It is not uncommon that police officers encounter victims ofcrime who are uncooperative during theinvestigation. Whilst there could be many forms and reasons for such behaviour,it is rather obviousthat the attitude of victims could have a significant role in the quality and success of an investigationand subsequent prosecution. It is therefore ofparamount importance that victims are given proper careand treatment.
It takes courage for victims to report a crime committed on them and going through various
investigative and prosecutorial procedures. This is particularly true for victims of crimes that can becollectively known as abusive offences for instances domestic conflicts, family violence, sexual
offences,child and elder abuse;whereby the abuser is often a relative or carer upon whom the victim
is dependent and fears the loss of their support. As such, the victim might appear uncooperative inorder to avoid causing disharmony or embarrassment within the family. Other reasons include amisplaced sense of shame or guilt,or concern about being disbelieved or blamed for being the cause of
the problem.
There could be many reasons for a victim to be uncooperative;but generally speaking, problems
faced by victims include but are not limited to:(a)Fear of revenge(b)Fear of losing care(c)Fear of publicity(d)Lack of confidence in government/police(e)Lack of knowledge regarding available assistance67

RESOURCE MATERIAL SERIES No. 93(f) Embarrassment(g)Incapacitated(h)Relationship with offender(i) Complicated investigative and legal procedures(j) Re-traumatizedHong Kong accords high importance in providing protection and support to victims of crime witha view to achieving the dual purpose of preventing further crimes and prosecuting offenders. This
support and protection comes in many ways including legislation, administrative measures, multiagency approach, protection and support provided by the Force, other government departments, andnon-government organizations.
B. Victim Protection and Support ― Legislation
Hong Kong is a signatory member of core international conventions on human rights, and corresponding legislation is in place to protect victims of crime. Where appropriate, amendments to andenactment of legislation is made with a view to enhancing protection of victims. Below is a list of
existing legislation in Hong Kong that has provisions or relevance in the protection and support ofvictims:(a)Evidence Ordinance (Cap 8)
Provisions to strengthen evidence given by children(b)Mental Health Ordinance (Cap 136)
To protect the welfare of mentally incapacitated persons, including provisions for a
Guardianship Board(c)Domestic and Cohabitation Relationships Violence Ordinance (Cap 189)
Provisions of injunction orders to protect victims of domestic violence(d)Crimes Ordinance (Cap 200)
Provisions to protect the identity of sexual-offence victims(e)Offences Against the Person Ordinance (Cap 212)
Criminalizing various forms of child abuses(f) Protection of Children and Juveniles Ordinance (Cap 213)
Care or Protection Orders for children and juveniles in need(g)Criminal Procedure Ordinance (Cap 221)
Provisions to reduce stress and trauma of victims (vulnerable witnesses give evidence andcross-examined via live television link,support person scheme,closed court,non-disclosureof witness identity)(h)Summary Offences Ordinance (Cap 228)
Prohibits taking photographs etc. in court that may lead to identification of the victims(i) Sex Discrimination Ordinance (Cap 480)
To protect people from sex discrimination(j) Witness Protection Ordinance (Cap 564)
Provisions of a programme to protect witnesses and associated persons

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VISITING EXPERTSʼPAPERS(k)Prevention of Child Pornography Ordinance (Cap 579)
To protect children from erotic acts(l) Racial Discrimination Ordinance (Cap 602)
To protect people from racial discrimination
C. Victim Protection and Support ― Administrative Measures
1. Special M easures for Child Victims/Witnesses
In addition to the arrangements authorized under the law to avoid re-traumatizing child victims/
witnesses while they are giving evidence in court, i.e. submission of video recorded interview as
evidence during examination-in-chief,giving evidence bywayofa live TV link in criminal proceedings,
and victims accompanied by a support person while giving evidence in court (Witness Support
Programme);other special measures for child victims/witnesses include:(a)Viewing his/her video recorded interview to refresh memory before the trial;(b)Paying a pre-trial visit to the court;(c)Provision of special passages when entering and leaving court;(d)Cases involving child victims will be given priority in listing;and(e)Postponement of trial would only be allowed in very exceptional circumstances in order to avoid
child victims being burdened by additional stress.
2. Special M easures for Other Vulnerable Witnesses
In addition to protection and support available for child victims/witnesses,administrative measures
are also in place to protect other vulnerable witnesses, e.g. victims of sexual-offence cases. To
minimize stress or further trauma on victims of sexual offences during court proceedings, the Police
may apply to a court for appropriate protective measures. Having considered the circumstances ofeach case, the following measures could be adopted:(a)Banning of shooting and recording in court
No shooting and recording is allowed in court to prevent disclosure ofthe identityofvictims.
(b)Provision of screen during trial
When a victim gives evidence in a courtroom, the court, upon the application of theprosecution,may arrange for a screen to be placed around the victim so that the public andthe press will not be able to view or identify the victim during the proceedings.
(c)Provision of special passage
Where circumstances warrant,the court may order special arrangement be made for victims
to enter/leave the court building through special passages. Such order is generally madeupon application of the prosecution.
(d)Special arrangement in courtʼs daily case list
Courtʼ
s daily case list placed at the reception counter or Judiciary website for dissemination
to the public will only display the initials of a defendantʼs name if full disclosure may leadto identification of the victims.
3. Sexual Conviction Record Check Scheme (SCRC)
Sexual Conviction Record Check Scheme (SCRC) is established to enable employers of persons
undertaking child-related work and work relating to mentally incapacitated persons (M IPs)to check
whether their prospective employees have a criminal conviction record for certain types of sexual
offences. The purposes of the SCRC are:(a)To prevent previous sexual offenders from obtaining the trust of employers by deliberately

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withholding their past sexual conviction records and molesting children or M IPs again throughcontact with them in the course of their work;and(b)To reduce the risk of sexual abuse to children or M IPs and give them better protection.
D. Victim Protection and Support ― M ulti-Agency Approach
1. Working Groups
The Hong Kong Government adopts a multi-agency and cross-sectoral approach in combating
crimes and providing protection and support to victims.In line with this strategy,the Force has beenworking closely with different government departments and non-governmental organizations (NGOs)
to protect the best interests and rights of victims. Representatives from the Force attend various
working groups that were formed to address specific areas of concern including examining respective
problems and mapping out strategies to address them.Some of the working groups attended by Force
representatives are:(a)Committee on Child Abuse
Focuses on issues relating to child abuse(b)Working Group on Combating Violence
Emphasizes spouse battering and sexual violence(c)Working Group on Elder Abuse
Aims at tackling elder abuse problems
2. M ulti-Agency Referral M echanisms
In addition to performing the core duties of case investigation and prosecution, the Force also
provides protection and support to victims by utilizing its own resources and/or through close collaboration with other government departments and non-governmental organizations (NGOs). Timelyreferral mechanisms have been established between the Force and relevant stakeholders including
24-hour Police Designated Hotline to facilitate police referrals and arranging emergency services.
3. Child Protection Special Investigation Team (CPSIT)
The Child Protection Special Investigation Team (CPSIT) is formed by specially trained police
officers and social workers to conduct joint investigation into cases of suspected child abuse with aview to collecting evidence, which will be admissible in criminal proceedings, and to prevent further
trauma to the child by having to repeat details of the allegation to different persons.
4. M ulti-disciplinary Case Conference (M DCC)
M ulti-disciplinary Case Conference(MDCC)is an effective multi-disciplinary cooperation model forchild abuse, domestic violence and elder abuse cases. MDCC is most commonly used for child abusecases. It is a forum by which professionals having a major role in handling and investigation of thecase for instances social welfare officers,the police (officer-in-charge of the case),parents,guardians,
carers, clinical psychologist, and representatives from Education Department/school, can share theirprofessional knowledge,information and concern on the victimʼ
s health,development,functioning,and
his/her parents/guardians/carersʼability to ensure safety of the victim.
E. Victim Protection and Support ― Provided by the Hong Kong Police ForceThe Force has initiated various victim protection and support measures with a view to enhancing
the service quality and gaining trust and cooperation from victims so that the investigation andprosecution could be conducted more effectively and efficiently. Highlights of these initiatives are:
1. Performance Pledge
Performance pledges on ʻ
Criminal Investigationʼand ʻ
Witness Reassuranceʼdesigned by the Forceprovide information on certain standards of service that victims or witnesses can expect, including
their rights to be informed of progress of the investigation, reassurance for vulnerable witnesses andthose in fear. A copy of the performance pledges is at Appendix B.

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2. Rights of Victims and Witnesses of Crime
The Force publishes a notice to victims and witnesses of crime informing them oftheir rights during
investigation and prosecution. The notice contains information/advice on treatment and services they
are entitled to receive, including their rights of access to information and obtaining legal representatives during interview with the police, and specific provisions for child victims or witnesses. A copyof the notice is at Appendix C.
3. Witness in Court
The leaflet ʻ
Witness in Courtʼis published by the Force to better prepare victims/witnesses before
attending court by informing them what to expect in court. The leaflet provides information on thetype and function of criminal courts in Hong Kong,the appropriate dress code,use of language,court
procedures, the sitting of different persons inside courts, witness expenses for attending court andprevention on interference with witnesses. A copy of the leaflet is at Appendix D.
4. Witness Protection Unit (WPU)
The Witness Protection Unit (WPU)was formed in April 1995. The unit consists of permanent staff
supported by a pool of cadre officers. Its primary function is to run the Witness Protection Programme(WPP),which aims at encouraging members of the public to come forward to give evidence as witness
in criminal cases by offering effective protection to them. The unit also advises case officers on
matters regarding various means and degree of witness protection.
5. Non-Disclosure of VictimsʼIdentities
In respect of child abuse, rape and other sexual offences (including homosexual offences), triad
related offences, blackmail, debt-collection cases, or where the officer-in-charge of the case considers
that a victim or witness might be interfered, only limited information that would not disclose thevictimʼs or witnessʼs identity,e.g.the sex,age and occupation,are provided in documents that required
circulation.
6. Enhanced Central Domestic Violence Database (ECDVD)
The Enhanced Central Domestic Violence Database (ECDVD)was set up in 2005 by the Force forfrontline officers to swiftly check, upon receiving a report of a case involving domestic violence,
whether persons involved in the case were also involved in similar or other related cases, such as
repeated domestic violence,child abuse,elder abuse and missing person cases anywhere in Hong Kong.
Such data enables frontline officers to obtain more background information on the case, so that they
can assess the risk of continuation and recurrence of similar incidents in order that swift and appropriate actions can be taken in respect of the investigation and provision of protection and support tovictims.
The ECDVD also has an automatic alert function that notifies case officers and supervisors whena person who was involved in a domestic violence case handled by them previously becomes involvedin a fresh domestic violence case. This ensures the ongoing nature of the problem is brought to thepoliceʼs attention so that additional preventative measures can be considered.
7. Child Abuse Investigation Units (CAIU)
Police investigate all child abuse reports with the aim of collecting sufficient evidence to prosecute
abusers whilst protecting victims. The Child Abuse Investigation Units (CAIU), which comprise of
specially trained detectives,investigate serious child abuse cases;and where necessary,will collaborate
with the Family and Child Protective Services Unit and Clinical Psychologists of the Social Welfare
Department (SWD).
8. Vulnerable Witness Interview Suite (VWIS)The Force maintains a number of Vulnerable Witness Interview Suites (VWIS)at discreet locations
throughout Hong Kong where vulnerable witnesses can be interviewed and medically examined in asafe and comfortable environment. Each VWIS contains facilities and equipment for recording videointerviews and forensic examination so that ʻ
one stop serviceʼcan be provided to minimize the stressexperienced by victims.

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9. Specific Protocols for Handling Domestic Violence Cases
Experience indicates that domestic conflicts might escalate into violence and have a significant
impact on victims and society as a whole. In order to apprehend offenders and provide the bestprotection and support to victims, the Force provides specific training for officers responsible forhandling these cases. Specific protocols are also in place to enhance the quality of investigation andmaximize the support and protection provided to victims and their family. These protocols include:(a)A supervisor ofat least Sergeant rank will attend the scene ofcrime to ensure correct assessmentof the case;(b)Use of checklist to ensure that frontline officers complete all actions required;(c)Deploy the same team to handle reports from the same family for better investigation andservices (one family, one team);(d)Each Police district has a designated team to investigate serious domestic violence cases;(e)Victims are given leaflets (with 10 different languages)which include information on available
services provided by the government and non-governmental organizations;(f) Victims are given advice on how to reduce the risk of recurrence and are referred to the Social
Welfare Department for various welfare services;and(g)Implementation of the Victim Management Scheme and Victim Support Programme for Victims
in Domestic Violence to ensure that the victim is well taken care of during the investigation,
before, during and after court hearing.
10.Senior Police Call
In order to enhance protection and support to the elderly population, the Police have developed a
Senior Police Call scheme,which is an effective platform for regular engagement between the elderly
population and the Police. The programme promotes ʻ
productive agingʼand encourages elderly tosupport other elderly and the community, promotes crime prevention by developing fight crime
partnership with the Police,and promotes personal safety through reducing victimization and enhancing road safety awareness.
F. Victim Protection and Support ― Provided by Other Government Departments
There are different victim protection and support services provided by other government departments,such as the Department of Justice and the Social Welfare Department. The following are someexamples:
1. Criminal and Law Enforcement Injuries Compensation Scheme (CLEIC)The aim of the Criminal and Law Enforcement Injuries Compensation Scheme(CLEIC)is to provide
financial assistance to persons (or their dependants in cases of death)who are injured as a result of acrime of violence, or by a law enforcement officer using a weapon in the execution of his duty.
Payments under the scheme come from public funds. The Social Welfare Department is responsible forstaffing applications including assessment and arranging payment.
2. The Victims of Crime Charter (Department of Justice)
M embers of the community who come into contact with the criminal justice system, particularly
victims of crime, are entitled to know what their obligations are in helping the law enforcement
agencies and,in return,what standard of service they can expect to receive from those involved in thecriminal justice system. The Victims of Crime Charter developed by the Department of Justice sets out
the rights and duties of victims of crime. A copy is at Appendix E.
In addition to the Victims of Crime Charter,the Department of Justice also publicizes programmes
to enhance awareness of members of the public on their services such as,provision oflegal aid services.

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3. One-stop Service M odel (Social Welfare Department)
The Social Welfare Department provides specific support services to victims of sexual violence,
which includes the One-stop Service M odel. The principle of the model is to minimize the need forvictims to undergo different procedures and repeat the incident. It provides professional services thatare easily accessible to victims on a 24-hour basis.An important feature of the model is the designationof the same social worker as a case manager for better coordination of services among different
departments and units, and to provide victims with customer-oriented service. Victims can receive
services and go through all relevant procedures in a convenient, safe, confidential and supportive
environment, which minimizes the need to repeat their unpleasant experience.
G. Victim Protection and Support ― Provided by Non-Governmental Organizations
Non-governmental organizations (NGOs)in Hong Kong,either working independentlyor in collaboration with different government departments,provide various types of support to victims of crime,for
instance, temporary shelters for child victims or victims of domestic conflicts incidents, financial
assistance, and counselling services.
One of the facilities is a crisis intervention and support centre called ʻ
CEASE Crisis Centreʼof theTung Wah Group of Hospitals (an NGO). Operating round-the-clock throughout the year, the centre
provides immediate intervention and support services to victims of sexual violence. Social workers of
the centre will provide the following 24-hour outreaching services:(a)Arrangement of suitable venue, e.g. hospital, for taking statements and conducting forensic
examination;(b)Aftercare medical services at family/gynaecology clinic, e.g.prevention of pregnancy or transmission of disease;(c)Emotional support or counselling service, psychological treatment and temporary accommodation;and(d)Victim will be accompanied throughout the process of investigation and court proceedings.

IV. CONCLUSION
Hong Kong accords high importance in providing protection and support to victims of crime
through legislation, administrative measures, multi-agency approach, and various measures andmechanisms adopted by the Hong Kong Police Force, other government departments and nongovernmental organizations;with a view to achieving the dual purposes of preventing further crimes
and prosecuting offenders. The Force will continue to work with its stakeholders to safeguard victimsʼ
best interests, rights and welfare.

Important Notice
All rights, including copyright, in this document are owned and reserved by the Hong Kong
Police Force. Unless prior permission in writing is given by the Commissioner of Police, you
may not use the materials other than for your personal learning and in the course of your official
duty.

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APPENDIX A
Geographical Location of Hong Kong

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APPENDIX B
Performance Pledge ― Crime Wing

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Appendix B1

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Appendix B277

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APPENDIX C
Rights of Victims and Witnesses of Crime78

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Appendix C1

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APPENDIX D
Witness in Court

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Appendix D1

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Appendix D2

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Appendix D3

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APPENDIX E
The Victims of Crime Charter

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Appendix E1

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Appendix E2

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Appendix E3

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Appendix E488

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Appendix E589