PRINTED AND PUBLISHED BY H. MYERS, GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING DEPARTMENT, HONG KONG
DOMESTIC VIOLENCE
Ord. No. 48/86
A323
HONG KONG
L.S.
No. 48 OF 1986
I assent.
David AKERS-JONES,
Acting Governor. 24 July 1986
An Ordinance to provide protection of persons from domestic violence and for
matters ancillary thereto.
[
]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Domestic Violence Ordinance 1986 and Short title and shall come into operation on a day to be appointed by the Governor by notice in the commencement. Gazette.
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 matrimonial home, or from a specified part of the matrimonial home, or from a specified area whether or not the matrimonial home is included in that arca;
(d) a provision requiring that other party to permit the applicant 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.
Interpretation and application.
Power of District Court to grant injunction. {cf. 1976 c. 50, s. 1.]
The High Court may exercise the powers conferred on the District Court High Court may 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.
exercise powers of District Court in certain cases.
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Arrest for breach
of order.
[cf. 1976
c. 50, s. 2.]
(Cap. 1.)
Limitations with respect to certain injunctions and powers of arrest.
Power of court to
grant extension.
Ord. No. 48/86
DOMESTIC VIOLENCE
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 men-
tioned 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.
DOMESTIC VIOLENCE
Ord. No. 48/86
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The Chief Justice may make rules for the purposes of this Ordinance in Rules of practice respect of the following matters-
and procedure.
(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
(f) 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.
in derogation from the powers of the High Court and the District Court.
The powers conferred under this Ordinance shall be in addition to and not Saving as to
jurisdiction.
existing
10. An injunction containing a provision mentioned in section 3(1)(c) or (d) Injunctions not to shall not be registered under the Land Registration Ordinance.
be registered. (Cap. 128.)
court to be
11. (1) The powers conferred by this Ordinance on the High Court shall be Powers of the exercised by a judge.
exercised by (2) The powers conferred by this Ordinance on the District Court shall be a judge. exercised by a District Judge.
Passed by the Hong Kong Legislative Council this 23rd day of July 1986.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang, Clerk to the Legislative Council.
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Ord. No. 49/86
LAND REGISTRATION (AMENDMENT)
HONG KONG
L.S.
No. 49 OF 1986
I assent.
David AKERS-JONES,
Acting Governor. 24 July 1986
An Ordinance to amend the Land Registration Ordinance.
[
]
Short title and commencement.
Addition of new section IA.
(Cap. 128.)
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Land Registration (Amendment) Ordinance 1986 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
2. The principal Ordinance is amended by adding after secton 1 the following—
1A. In this Ordinance, unless the context otherwise requires― "document" includes, in addition to a document in writing—
"Interpretation.
(a) any map, plan or drawing;
(b) any disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being repro- duced therefrom; and
(c) any film, tape or other device in which visual images are
embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; "record" includes not only a written record but any record conveying
information or instructions by any other means whatsoever.".
Passed by the Hong Kong Legislative Council this 23rd day of July 1986.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the
said bill.
LAW Kam-sang, Clerk to the Legislative Council.
No comments yet.
Private notes are available after approval.