DOMESTIC VIOLENCE ORDINANCE

DOMESTIC VIOLENCE ORDINANCE

LAWS OF HONG KONG

DOMESTIC VIOLENCE ORDINANCE

CHAPTER 189





CHAPTER 189

DOMESTIC VIOLENCE

To provide protection of persons from domestic violence and for
matters ancillary thereto.

[19 December 1986.1

1. This Ordinance may be cited as the Domestic Violence
Ordinance.

2. (1) In this Ordinance, unless the context otherwise
requires-

'child' means a person under the age of 21 years;

'matrimonial home' includes a home in which the parties to a
marriage ordinarily reside together whether or not it is occupied
at the same time by other persons.

(2) Subject to section 6(3) this Ordinance shall apply to the
cohabitation of a man and a woman as it applies to marriage and
references in this Ordinance to 'marriage' and 'matrimonial home'
shall be construed accordingly.

3. (1) On an application by a party to a marriage the District
Court, if it is satisfied that the applicant or a child living with the
applicant has been molested by the other party to the marriage and
subject to section 6, may grant an injunction containing any or all of
the following provisions-

(a)a provision restraining that other party from molesting the
applicant;

(b)a provision restraining that other party from molesting any
child living with the applicant;

(c)a provision excluding that other party from the matri-
monial home, or from a specified part of the matrimonial
home, or from a specified area whether or not the matri-
monial home is included in that area;

(d)a provision requiring that other party to permit the ap-
plicant to enter and remain in the matrimonial home or
in a specified part of the matrimonial home,

whether or not any other relief is being sought in the proceedings.

(2) In the exercise of its jurisdiction to grant an injunction
containing a provision mentioned in subsection (1)(c) or (d) the
District Court shall have regard to the conduct of the parties, both in
relation to each other and otherwise, to their respective needs and
financial resources, to the needs of any child living with the applicant
and to all the circumstances of the case.





4. The High Court may exercise the powers conferred on the District
Court under section 3

(a) in a case of urgency; or

(b)where the High Court is satisfied that special circumstances are
present which make it appropriate for the High Court rather than the
District Court to exercise those powers.

5. (1) Where, on an application by a party to a marriage, the High Court or
the District Court grants an injunction (whether pursuant to jurisdiction
conferred by this Ordinance or pursuant to any other jurisdiction) containing a
provision, in whatever terms, which

(a)restrains the other party from using violence against the applicant or a
child living with the applicant; or

(b)excludes that other party from the matrimonial home or from a
specified part of the matrimonial home or from a specified area,

the High Court or the District Court, as the case may be, if it is satisfied that
the other party has caused actual bodily harm to the applicant or, as the case
may be, to the child concerned, may. subject to section 6, at the same time as it
grants the injunction or at any time during the period for which the injunction is
granted, attach to the injunction a power of arrest in the prescribed form.

(2) Where under subsection (1) a power of arrest is attached to an
injunction a police officer may arrest without warrant any person whom he
reasonably suspects of being in breach of the injunction by reason of that
person's use of violence or, as the case may be, his entry into any premises or
area specified in the injunction, and the police officer shall have all necessary
powers including the power of entry by the use of reasonable force to effect
that arrest.

(3) Where a person is arrested under subsection (2) he shall-

(a) be brought-

(i) in the case of a power of arrest attached under subsection (1)
to an injunction by the High Court, before the High Court; and

(ii) in the case of a power of arrest attached under that subsection
to an injunction by the District Court, before the District Court,

before the expiry of the day after the day of his arrest; and

(b)not be released within the period referred to in paragraph (a) except
on the direction of the High Court or of the District Court, as the case
may be,

but nothing in this section shall authorize his detention at any time after the
expiry of the period mentioned in paragraph (a).

(4) Section 71 of the Interpretation and General Clauses Ordinance shall
not apply to this section except in so far as that section applies to a gale
warning day.





6. (1) A provision mentioned in section 3(1)(c) or (d) contained in an
injunction granted under this Ordinance shall have effect for such period, not
exceeding 3 months, as the court considers necessary.

(2) A power of arrest attached under section 5(1) to an injunction shall

(a)be granted for such period, not exceeding 3 months, as the court
considers necessary; and

(b)lapse on the expiry of the period for which the injunction was
granted.

(3) Nothing in this Ordinance shall authorize a court on an application by
one of the parties to a relationship to which this Ordinance applies by virtue of
section 2(2) to grant an injunction containing a provision mentioned in section
3(1)(c) or (d), or, under section 5(1), attach to an injunction a power of arrest,
unless that court is satisfied that having regard to the permanence of that
relationship it is appropriate in all the circumstances to grant that injunction or
attach that power of arrest.

7. A court may extend-

(a)an injunction granted under this Ordinance containing a provision
mentioned in section 3(1)(c) or (d); or

(b)a power of arrest attached to an injunction under section 5(1),

prior to the expiry of the period thereof for a further period so that the total
period thereof does not exceed 6 months from the date when that injunction
was granted or that power of arrest attached.

8. The Chief Justice may make rules for the purposes of this Ordinance in
respect of the following matters

(a)the hearing and determination of applications under this Ordinance;

(b)forms to be used in connexion with any application or order under
this Ordinance;

(c) the service of documents;

(d) the attendance of parties;

(e)the release on bail of persons arrested under a power of arrest
attached, under section 5(1), to an injunction; and

the transfer of proceedings commenced in the High Court from the
High Court to the District Court and of proceedings commenced in
the District Court from the District Court to the High Court.





9. The powers conferred under this Ordinance shall be in addition
to and not in derogation from the powers of the High Court and the
District Court.

10. An injunction containing a provision mentioned in sec

tion or (d)

tration Ordinance.

11. (1) The powers conferred by this Ordinance on the High Court
shall be exercised by a judge.

(2) The powers conferred by this Ordinance on the District Court
shall be exercised by a District Judge.
Originally 48 of 1986. L.N. 305/86. Short title. Interpretation and application. Power of District Court to grant injunction. [cf. 1976 c. 50, s. 1.] High Court may exercise powers of District Court in certain cases. Arrest for breach of order. [cf. 1976 c, 50. 2.] (Cap. 1.) Limitations with respect to certain injunctions and powers of arrest. Power of court to grant extension. Rules of practice and procedure. Saving as to existing jurisdiction. Injunctions not to be registered. (Cap. 128.) powers of the court to be exercised by a judge.

Originally 48 of 1986. L.N. 305/86. Short title. Interpretation and application. Power of District Court to grant injunction. [cf. 1976 c. 50, s. 1.] High Court may exercise powers of District Court in certain cases. Arrest for breach of order. [cf. 1976 c, 50. 2.] (Cap. 1.) Limitations with respect to certain injunctions and powers of arrest. Power of court to grant extension. Rules of practice and procedure. Saving as to existing jurisdiction. Injunctions not to be registered. (Cap. 128.) powers of the court to be exercised by a judge.

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