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ON
FRIDAY, JUNE 27, 1986
THE SPOKESMAN STRESSED THAT THESE ORDERS WOULD NOT, HOWEVER, AFFECT THE LEGAL TITLE IN PROPERTY OF THE PARTIES. NOR WOULD THEY AFFECT THE RIGHTS OF THIRD PARTIES, FOR EXAMPLE PRIVATE LANDLORDS OR THE HOUSING AUTHORITY.
HE SAID EXPERIENCE IN ENGLAND HAD INDICATED THAT THESE POWERS, EVEN COUPLED WITH THE THREAT OF BEING PUNISHED FOR CONTEMPT OF COURT, MIGHT NOT, IN SOME CASES, BE SUFFICIENT TO PROTECT A PERSON IN WHAT IS, FREQUENTLY, A HIGHLY CHARGED EMOTIONAL SITUATION.
THE ENGLISH LEGISLATION EMPOWERS A COURT, IN SUCH CASES, TO ATTACH TO THE INJUNCTION A POWER OF ARREST AUTHORISING A POLICE OFFICER TO ARREST A PERSON WHO IS IN BREACH OF THE INJUNCTION, THE BILL PROVIDES FOR A SIMILAR POWER IN HONG KONG.
HOWEVER, THE SPOKESMAN SAID IT SHOULD BE NOTED THAT THE POL ICE WOULD BE EMPOWERED TO MAKE AN ARREST BY VIRTUE OF THIS BILL ONLY WHERE THE COURT HAD ATTACHED A POWER OF ARREST TO THE ORDER.
+MOREOVER, SUCH A POWER OF ARREST WILL ONLY BE ATTACHED, WHEN THE COURT IS SATISFIED THAT THE OTHER SPOUSE HAS CAUSED ACTUAL BODILY HARM TO THE APPLICANT OR TO THE CHILD CONCERNED,+ HE SAID.
HE SAID THE RELIEF AVAILABLE UNDER THE LEGISLATION IN ENGLAND WAS AVAILABLE NOT ONLY TO MARRIED PERSONS BUT ALSO TO PERSONS WHO ARE LIVING TOGETHER.
THE BILL EXTENDS THE RELIEF IN HONG KONG TO PERSONS WHO ARE COHABITING, SUBJECT TO CERTAIN LIMITATIONS IN THE CASE OF EXCLUSION ORDERS, OCCUPATION ORDERS AND THE ATTACHING OF A POWER OF ARREST.
THE DOMESTIC VIOLENCE BILL 1986 WILL BE INTRODUCED INTO LEGISLATIVE COUNCIL ON JULY 9.
COMMENTS ON THE BILL MAY BE SENT IN WRITING TO THE ATTORNEY GENERAL AT QUEENSWAY GOVERNMENT OFFICES BUILDING OR THE UMELCO OFFICE AT 8 JACKSON ROAD, CENTRAL.
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