1964_DOMESTIC_VIOLENCE_ORDINANCE — Page 3

2

CAP. 1891

Domestic Violence

[1986 Ed.

High Court may exercise powers of District Court in certain cases.

Arrest for breach of order.

[cf. 1976 c. 50, s. 2.}

(Cap. 1.)

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 para- graph (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.