17.1 Prosecutors should have regard to Guidelines for Prosecuting Domestic Violence Cases of the Prosecutions Division.
17.2 In prosecuting domestic violence cases, the prosecution must consider the safety of the victim, any children and other persons involved, the situation of the family and the likely effect of any prosecution on its members.
17.3 Domestic violence may become more frequent and serious the longer it continues. Accordingly, a prosecution may be required, according to the standard criteria, even if a victim does not wish it to proceed. In making such decisions the prosecution is obliged to take into account the security of the persons at risk and the public interest.
17.4 The prosecution should take into account, when deciding on the course to be taken:
17.5 If a victim is unwilling to testify, a decision to compel testimony requires serious consideration, and where the victim is the spouse of the accused, reference will need to be made to sections 57 and 57A of the Criminal Procedure Ordinance, Cap. 221. The prosecutor may by consent use the victim’s statement in evidence without requiring the victim to testify, under section 65B of the Criminal Procedure Ordinance, Cap. 221 and should consider whether any special procedures should be used.