Victims of Crime: A Critical Review of Essential Programmes in Hong Kong

Source: (2003) In, Tatsuya Ota, ed., Victims and Criminal Justice: Asian Perspective. Tokoyo, Hogaku-Kenkyu-Kai, Keio University. Pp. 45-61.

Overall, Hong Kong does not have sound, comprehensive, and well-coordinated victim programs. The primary victim-support features are statutory provisions for compensation orders and criminal and law enforcement injuries compensation, along with voluntary efforts by nongovernmental organizations such as Harmony House for Battered Wives, Serene Court of Christian Family Service Center, and Services for Sexually Assaulted Victims. The mandated compensation scheme has been criticized because only those crime victims with “serious” injuries, as defined by medical examiners, have an incentive to apply for compensation. “Serious” injuries are accorded a minimum of 3 days of sick leave from work. Although this rule does not apply to cases in which the victim is killed or sustains permanent disability, or when the victim incurred injury while trying to prevent a crime, the effect is that the compensation scheme does not encourage victims with less serious injuries to apply for the compensation they need. Also, rather than focusing on victims’ needs, the compensation boards tend to follow the concept that only “deserving” or “innocent” victims warrant compensation. The voluntary welfare sector has been more responsive than the government to the increasing incidence of family violence and the needs of sexual assault victims. The existing system of victim services is based on the “care” or “welfare” model, under which the community should absorb the burden of severe hardship suffered by individual citizens as a consequence of misfortunes. The “retributive” model is also evident, under which the victim is compensated in accordance with the damage inflicted by the offender. The author advocates improving the conceptual basis for victim programs in Hong Kong under the model of restorative justice, which emphasizes restitution as a means of improving the conditions of both victims and offenders. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.