Mr Gordon Chan represented a husband on a charge of wounding. Having made representations to the prosecution, the case ended with an order for binding over the husband.
In KTCC 681/2024, a husband faces a charge of wounding his wife at home. During a heated quarrel, the husband impulsively threw his phone, injuring the wife’s eyebrow.
The police arrested the husband. Even though the husband was granted bail by a Magistrate, one of the conditions was that he must live separately from his family.
Before the incident, the family was a typical Hong Kong nucleus family where there has never been a history of domestic violence. However, given the bail condition, the family must now live apart, which is most unconducive to reconciliation in the family relationship.
Having made representations to the prosecution highlighting the above issue and the family background, Mr Gordon Chan persuaded the Department of Justice to end the case with an order for binding over the husband. Giving the husband a chance to make amends while serving as a warning for him to control his temper.
In the case of domestic violence, very often, the intricate interests of different family members are at play. Hence, due consideration should be given to preserving the harmony of the home and family relations.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
