• CHINA.  HONG KONG.
  •  
  • CAP 189 DOMESTIC VIOLENCE ORDINANCE

- Long title - 30/06/1997

Section 1 - Short title - 30/06/1997

Section 2 - Interpretation and application - 01/08/2008

Section 3 - Power of District Court to grant injunction: spouses and former spouses* - 01/08/2008

Section 3A - Power of District Court to grant injunction: other relatives - 01/08/2008

Section 4 - Court of First Instance may exercise powers of District Court in certain cases - 01/08/2008

Section 5 - Arrest for breach of order - 01/08/2008

Section 6 - Limitations as regards injunctions and authorizations of arrest* - 01/08/2008

Section 7 - Court may extend injunctions and authorizations of arrest - 01/08/2008

Section 7A - Court may vary or suspend custody or access order - 01/08/2008

Section 8 - Rules of practice and procedure - 01/08/2008

Section 9 - Saving as to existing jurisdiction - 01/07/1997

Section 10 - Injunctions not to be registered - 01/08/2008

Section 11 - Powers of the court to be exercised by a judge - 01/07/1997

To provide protection of persons from domestic violence and for matters

ancillary thereto.

 

[19 December 1986] L.N. 305 of 1986

 

(Originally 48 of 1986)


Section Num:

1

Version Date

30/06/1997

Heading

Short title

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This Ordinance may be cited as the Domestic Violence Ordinance.

 


Section Num:

2

Version Date

01/08/2008

Heading

Interpretation and application

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

"matrimonial home" (婚姻居所) 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;  (Amended 17 of 2008 s. 3)

"minor" (未成年人) means a person under the age of 18 years;  (Added 17 of

2008 s. 3)

"respondent" (答辯人) means the person against whom an injunction is granted

or sought to be granted under section 3 or 3A.  (Added 17 of 2008 s. 3)

(Amended 17 of 2008 s. 3)

(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" (婚姻), "matrimonial home" (婚姻居所) and

"spouse" (配偶) (except in section 3A(2)) shall be construed accordingly. 

(Amended 17 of 2008 s. 3)

 


Section Num:

3

Version Date

01/08/2008

Heading

Power of District Court to grant injunction: spouses and former spouses*

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(1)     On an application by a person the District Court, if it is

satisfied that the applicant or a specified minor has been molested by the

spouse or former spouse of the applicant and subject to section 6, may

grant an injunction containing any or all of the following provisions— 

(Amended 17 of 2008 s. 4)

(a)     a provision restraining the respondent from molesting the

applicant;

(b)     a provision restraining the respondent from molesting any

specified minor;

(c)     a provision prohibiting the respondent—  (Amended 17 of 2008 s.

4)

(i)     (where the applicant has been molested by the respondent) from

entering or remaining in—

(A)     the residence of the applicant;

(B)     a specified part of the residence of the applicant; or

(C)     a specified area whether or not the residence of the applicant

is in that area,

whether or not the residence is the common residence or matrimonial home

of the applicant and the respondent;

(ii)    (where the specified minor has been molested by the

respondent) from entering or remaining in—

(A)     the residence of the specified minor;

(B)     a specified part of the residence of the minor; or

(C)     a specified area whether or not the residence of the minor is

in that area,

whether or not the residence is the common residence of the minor and the

respondent;

(d)     a provision requiring the respondent to permit—  (Amended 17 of

2008 s. 4)

(i)     (where the applicant resides with the respondent) the applicant

to enter and remain in the common residence or matrimonial home of the

applicant and the respondent or in a specified part of such common

residence or matrimonial home; or

(ii)    (where the specified minor resides with the respondent) the

minor to enter and remain in the common residence of the minor and the

respondent or in a specified part of such common residence,

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

(1A)    A court may in an injunction containing a provision mentioned

in subsection (1)(a) or (b) include a provision requiring the respondent

to participate in any programme, approved by the Director of Social

Welfare, that is aimed at changing the attitude and behaviour that lead to

the granting of such injunction.  (Added 17 of 2008 s. 4)

(2)     In exercising its power 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 specified minor and to all the circumstances of the case. 

(3)     In this section, “specified minor” (指明未成年人) means a minor—

(a)     who is a child (whether a natural child, adoptive child or

step-child) of the applicant or respondent concerned; or

(b)     who is living with the applicant concerned.  (Added 17 of 2008

s. 4)

                                              (Amended 17 of 2008 s. 4)

[cf. 1976 c. 50 s. 1 U.K.]

___________________________________________________________________________

______________

Note:

*       (Amended 17 of 2008 s. 4)

 


Section Num:

3A

Version Date

01/08/2008

Heading

Power of District Court to grant injunction: other relatives

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(1)     The District Court may, on an application made by a person

(“the applicant”), if satisfied that the applicant has been molested by a

relative of the applicant, grant an injunction against that relative.

(2)     In subsection (1), “relative” (親屬) means—

(a)     the applicant’s father, mother, grandfather or grandmother

(whether natural or adoptive);

(b)     the applicant’s step-father, step-mother, step-grandfather or

step-grandmother;

(c)     the applicant’s father-in-law or mother-in-law who is the

natural parent, adoptive parent or step-parent of the applicant’s spouse;

(d)     the applicant’s grandfather-in-law or grandmother-in-law who is

the natural grandparent, adoptive grandparent or step-grandparent of the

applicant’s spouse;

(e)     the applicant’s son, daughter, grandson or granddaughter

(whether natural or adoptive);

(f)     the applicant’s step-son, step-daughter, step-grandson or

step-granddaughter;

(g)     the applicant’s son-in-law or daughter-in-law who is the spouse

of the applicant’s natural child, adoptive child or step-child;

(h)     the applicant’s grandson-in-law or granddaughter-in-law who is

the spouse of the applicant’s natural grandchild, adoptive grandchild or

step-grandchild;

(i)     the applicant’s brother or sister (whether of full or half

blood or by virtue of adoption);

(j)     the brother or sister (whether of full or half blood or by

virtue of adoption) of the applicant’s spouse;

(k)     the applicant’s step-brother or step-sister;

(l)     the step-brother or step-sister of the applicant’s spouse;

(m)     the applicant’s uncle, aunt, nephew, niece or cousin (whether

of full or half blood or by virtue of adoption);

(n)     the uncle, aunt, nephew, niece or cousin (whether of full or

half blood or by virtue of adoption) of the applicant’s spouse; or

(o)     the spouse of any person mentioned in paragraph (i), (j), (k),

(l), (m) or (n).

(3)     A minor who applies for an injunction under subsection (1)

shall apply by his next friend.

(4)     Subject to section 6, an injunction granted under subsection

(1) may, whether or not any other relief is being sought in the

proceedings, contain any or all of the following provisions—

(a)     a provision restraining the respondent from molesting the

applicant;

(b)     a provision prohibiting the respondent from entering or

remaining in—

(i)     the residence of the applicant;

(ii)    a specified part of the residence of the applicant; or

(iii)   a specified area whether or not the residence of the

applicant is in that area,

whether or not the residence is the common residence of the applicant and

the respondent;

(c)     (where the applicant resides with the respondent) a provision

requiring the respondent to permit the applicant to enter and remain in—

(i)     the common residence of the applicant and the respondent; or

(ii)    a specified part of such common residence.

(5)     A court may in an injunction containing a provision mentioned

in subsection (4)(a) include a provision requiring the respondent to

participate in any programme, approved by the Director of Social Welfare,

that is aimed at changing the attitude and behaviour that lead to the

granting of such injunction.

(6)     In exercising its power to grant an injunction containing a

provision mentioned in subsection (4)(b) or (c), the District Court shall

have regard to—

(a)     (where the applicant resides with the respondent) who has—

(i)     the legal or beneficial interest in; or

(ii)    a contractual or legal right to occupy,

the common residence of the applicant and the respondent;

(b)     (where the applicant resides with the respondent) the impact of

the injunction on the relationship between the applicant, the respondent

and their other family members who reside with them;

(c)     the conduct of the applicant and the respondent, both in

relation to each other and otherwise;

(d)     the respective needs and financial resources of the applicant

and the respondent; and

(e)     all the circumstances of the case.

(Added 17 of 2008 s. 5)

 


Section Num:

4

Version Date

01/08/2008

Heading

Court of First Instance may exercise powers of District Court in certain cases

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The Court of First Instance may exercise the powers conferred on the

District Court under section 3 or 3A-  (Amended 17 of 2008 s. 6)

(a)     in a case of urgency; or

(b)     where the Court of First Instance is satisfied that special

circumstances are present which make it appropriate for the Court of First

Instance rather than the District Court to exercise those powers.

(Amended 25 of 1998 s. 2)

 


Section Num:

5

Version Date

01/08/2008

Heading

Arrest for breach of order

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*(1)Where a court grants, pursuant to section 3 or 3A, or pursuant to any

other power upon an application made by a party to a marriage against the

other party to the marriage, an injunction containing—

(a)     a provision restraining any person from using violence against

another person (“protected person”); or

(b)     a provision prohibiting any person from entering or remaining

in any premises or area,

the court may, subject to subsection (1A) and section 6, attach to the

injunction an authorization of arrest in the prescribed form.  (Replaced

17 of 2008 s. 7)

*(1A) A court shall not attach under subsection (1) an authorization of

arrest to an injunction granted against a person unless-

(a)     it is satisfied that the person has caused actual bodily harm

to the protected person; or

(b)     it reasonably believes that the person will likely cause actual

bodily harm to the protected person.  (Added 17 of 2008 s. 7)

*(1B) An authorization of arrest may be attached under subsection (1) to

an injunction-

(a)     at the time the injunction is granted; or

(b)     at any time during the validity period of the injunction. 

(Added 17 of 2008 s. 7)

(2)     Where under subsection (1) an authorization 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 or remaining in 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 an authorization of arrest attached under

subsection (1) to an injunction by the Court of First Instance, before the

Court of First Instance; and

(ii)    in the case of an authorization 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 Court of First Instance 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

(Cap 1) shall not apply to this section except in so far as that section

applies to a gale warning day or black rainstorm warning day. 

(Amended 25 of 1998 s. 2; 17 of 2008 s. 7)

[cf. 1976 c. 50 s. 2 U.K.]

___________________________________________________________________________

_________

Note:

* This section was amended by section 7 of the Domestic Violence

(Amendment) Ordinance 2008 (17 of 2008).    The saving provision contained

in section 18 of that Amendment Ordinance reads as follows—

 

“18.  Saving provision

 

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

the Domestic Violence Ordinance (Cap 189) before the commencement# of this

Ordinance shall, upon such commencement, be regarded for all purposes as

an authorization of arrest attached under that section as amended by this

Ordinance.”.

 

#       Commencement date: 1 August 2008.

 


Section Num:

6

Version Date

01/08/2008

Heading

Limitations as regards injunctions and authorizations of arrest*

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(1)     A provision mentioned in section 3(1)(c) or (d) or 3A(4)(b) or

(c) contained in an injunction granted under section 3 or 3A shall have

effect for a period, not exceeding 24 months, as the court considers

appropriate.  (Replaced 17 of 2008 s. 8)

(2)     An authorization of arrest attached under section 5(1) to an

injunction shall—

(a)     have effect for a period, not exceeding 24 months, as the court

considers appropriate; and

(b)     expire upon the expiry of the validity period of the

injunction.  (Replaced 17 of 2008 s. 8)

(3)     Nothing in this Ordinance shall authorize a court on an

application made under section 3 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 an authorization of arrest,

unless that court is satisfied that having regard to the permanence of the

cohabitation relationship it is appropriate in all the circumstances to

grant that injunction or attach that authorization of arrest.  (Amended 17

of 2008 s. 8)

___________________________________________________________________________

______________

Note:

*       (Amended 17 of 2008 s. 8)

 


Section Num:

7

Version Date

01/08/2008

Heading

Court may extend injunctions and authorizations of arrest

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(1)     Subject to subsection (4), a court may, on an application—

(a)     extend the validity period of an injunction granted under

section 3 or 3A that contains a provision mentioned in section 3(1)(c) or

(d) or 3A(4)(b) or (c); or

(b)     (where an authorization of arrest is attached under section

5(1) to the injunction) extend the validity period of the authorization of

arrest,

for such further period as the court considers appropriate.

(2)     The court may extend an injunction or an authorization of

arrest under subsection (1) only during the validity period of the

injunction concerned.

(3)     An application under subsection (1) may be made by—

(a)     the applicant of the injunction concerned;

(b)     (where the applicant of the injunction concerned is a minor)

the minor applying by his next friend.

(4)     The validity period of an injunction or an authorization of

arrest may not be extended under subsection (1) beyond the second

anniversary of the date on which the injunction was granted.

(Replaced 17 of 2008 s. 9)

 


Section Num:

7A

Version Date

01/08/2008

Heading

Court may vary or suspend custody or access order

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(1)     If—

(a)     a court grants, under section 3 or 3A, an injunction containing

a provision mentioned in section 3(1)(c) or 3A(4)(b) that concerns a

minor; and

(b)     at the time the court determines the application for the

injunction, there is in force—

(i)     a court order that grants the custody of the minor to the

respondent to the injunction; or

(ii)    a court order that allows the respondent to the injunction to

have access to the minor,

the court may vary or suspend the court order in such manner as the court

considers necessary for giving effect to the provision.

(2)     In subsection (1)(b), “court order” (法庭命令) means—

(a)     in relation to the application of subsection (1) to the

District Court, an order made by the District Court; and

(b)     in relation to the application of subsection (1) to the Court

of First Instance, an order made by the Court of First Instance or the

District Court.

(3)     In considering varying or suspending a court order under

subsection (1), the court shall—

(a)     regard the welfare of the minor as the first and paramount

consideration; and

(b)     in having such regard, give due consideration to—

(i)     the wishes of the minor if, having regard to the age and

understanding of the minor and to the circumstances of the case, it is

practicable to do so; and

(ii)    any material information, including any report of the Director

of Social Welfare available to the court at the hearing.

(4)     If a court order is varied under subsection (1), the order

shall, notwithstanding any other Ordinance or rule of law, have effect

subject to such variation.

(5)     A variation of a court order under subsection (1) in respect of

an injunction shall be signified by attaching to the injunction a copy of

the order endorsed with the particulars of the variation.

(6)     A variation or suspension of a court order made in respect of

an injunction shall cease to have effect upon the expiry of the validity

period of the injunction.

(Added 17 of 2008 s. 10)

 


Section Num:

8

Version Date

01/08/2008

Heading

Rules of practice and procedure

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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 connection 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 an authorization

of arrest attached, under section 5(1), to an injunction; and  (Amended 17

of 2008 s. 11)

(f)     the transfer of proceedings commenced in the Court of First

Instance from the Court of First Instance to the District Court and of

proceedings commenced in the District Court from the District Court to the

Court of First Instance.  (Amended 25 of 1998 s. 2)

 


Section Num:

9

Version Date

01/07/1997

Heading

Saving as to existing jurisdiction

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Remarks
Amendments retroactively made - see 25 of 1998 s. 2


 

The powers conferred under this Ordinance shall be in addition to and not

in derogation from the powers of the Court of First Instance and the

District Court.

(Amended 25 of 1998 s. 2)

 


Section Num:

10

Version Date

01/08/2008

Heading

Injunctions not to be registered

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An injunction containing a provision mentioned in section 3(1)(c) or (d)

or 3A(4)(b) or (c) shall not be registered under the Land Registration

Ordinance (Cap 128).

  (Amended 17 of 2008 s. 12)

 


Section Num:

11

Version Date

01/07/1997

Heading

Powers of the court to be exercised by a judge

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Remarks
Amendments retroactively made - see 25 of 1998 s. 2


 

(1)     The powers conferred by this Ordinance on the Court of First

Instance shall be exercised by a judge.  (Amended 25 of 1998 s. 2)

(2)     The powers conferred by this Ordinance on the District Court

shall be exercised by a District Judge.