DOMESTIC VIOLENCE RULES

DOMESTIC VIOLENCE RULES

DOMESTIC VIOLENCE RULES

(Cap. 189, section 8)

[19 December 1986.]

1. These rules may be cited as the Domestic Violence Rules.

2. In these rules, unless the context otherwise requires-

'judge' means-

(a)in relation to proceedings commenced in the High Court,
the Chief Justice, a Justice of Appeal, a judge of the High
Court of Justice and a deputy judge of the High Court of
Justice; and

(b)in relation to proceedings commenced in the District
Court, a District Judge and a deputy District Judge of the
District Court,

and 'court' shall be construed accordingly;

'power of arrest' means a power of arrest attached to an injunction
under section 5(1) of the Ordinance.

3. Subject to these rules, the Rules of the Supreme Court
shall apply to proceedings under the Ordinance as they apply to
proceedings in the High Court with such modifications as are
necessary for that purpose.

4. A power of arrest shall be in Form 1 in the Schedule.

5. A copy of any power of arrest or order relating thereto
shall be served on the Commissioner of Police by-

(a) the Registrar of the Supreme Court; or

(b)the solicitor of the party on whose application the power of
arrest or order is granted, if ajudge, on being satisfied that
the urgency of the case so requires, makes an order that
service may be so effected.

6. (1) A judge may, on the application of a person arrested
under a power of arrest, order that person to be admitted to bail and
the recognizance of bail may be taken before the judge or, if the
order so directs, before any magistrate or justice of the peace.

(2) A judge may on admitting a person to bail under para-
graph (1) order that such sum of money as the judge may specify be
deposited with the court by the person arrested, as a condition of
admission to bail.





(3) If a person admitted to bail does not appear at the time and
place required by the judge, the judge may order any sum deposited
pursuant to an order under paragraph (2) to be forfeited.

7. Proceedings begun in the High Court under the Ordinance may
be transferred to the District Court if ajudge of the High Court is of the
opinion that they should be heard and determined in the District Court.

8. All proceedings under the Ordinance shall be disposed of in
chambers unless the judge hearing them otherwise directs.

SCHEDULE [rule 4.]
Form 1
POWER OF ARREST
(Heading as in Originating Summons)
[here set out injunction]
POWER OF ARREST

And the Judge being satisfied that the Respondent has caused actual bodily
harm

to the Applicant [or the child concerned], a power of arrest is

attached to this order whereby any police officer may arrest without warrant a
person
whom he reasonably suspects of being in breach of the order.

This power of arrest expires on the day of 19
unless extended by an order under section 7 of the Domestic Violence Ordinance.




L.N. 285/86. Citation. Interpretation. Application of Rules of Supreme Court. (Cap. 4, sub. leg.) Form of power of arrest. Schedule, Form 1. Service of power of arrest. Power of release on bail. Transfer of proceedings. Proceedings to be in chambers.

L.N. 285/86. Citation. Interpretation. Application of Rules of Supreme Court. (Cap. 4, sub. leg.) Form of power of arrest. Schedule, Form 1. Service of power of arrest. Power of release on bail. Transfer of proceedings. Proceedings to be in chambers.

https://oelawhk.lib.hku.hk/items/show/2800

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