DOMESTIC VIOLENCE ORDINANCE - CHAPTER 189 DOMESTIC VIOLENCE ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 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) DOMESTIC VIOLENCE ORDINANCE - SECT 1 Short title VerDate:30/06/1997 This Ordinance may be cited as the Domestic Violence Ordinance. DOMESTIC VIOLENCE ORDINANCE - SECT 2 Interpretation and application VerDate:30/06/1997 (1) In this Ordinance, unless the context otherwise requires- "child" (兒童) means a person under the age of 18 years; (Amended 80 of 1997 s. 25) "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. (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) and "matrimonial home" (婚姻居所) shall be construed accordingly. "child" (兒童) "matrimonial home" (婚姻居所) "marriage" (婚姻) DOMESTIC VIOLENCE ORDINANCE - SECT 3 Power of District Court to grant injunction VerDate:30/06/1997 (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 area; (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. [cf. 1976 c. 50 s. 1 U.K.] DOMESTIC VIOLENCE ORDINANCE - SECT 3A Power of District Court to grant injunction: other relatives VerDate:01/08/2008 This section was added by 17 of 2008. Its contents will be incorporated in the BLIS system as soon as possible. DOMESTIC VIOLENCE ORDINANCE - SECT 4 Court of First Instance may exercise powers of District Court in certain cases VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 The Court of First Instance may exercise the powers conferred on the District Court under section 3- (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) DOMESTIC VIOLENCE ORDINANCE - SECT 4 High Court may exercise powers of District Court in certain cases VerDate:30/06/1997 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. DOMESTIC VIOLENCE ORDINANCE - SECT 5 Arrest for breach of order VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) Where, on an application by a party to a marriage, the Court of First Instance 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 Court of First Instance 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 Court of First Instance, before the Court of First Instance; 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 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. (Amended 25 of 1998 s. 2) [cf. 1976 c. 50 s. 2 U.K.] DOMESTIC VIOLENCE ORDINANCE - SECT 5 Arrest for breach of order VerDate:30/06/1997 (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 (Cap 1) shall not apply to this section except in so far as that section applies to a gale warning day. [cf. 1976 c. 50 s. 2 U.K.] DOMESTIC VIOLENCE ORDINANCE - SECT 6 Limitations with respect to certain injunctions and powers of arrest VerDate:30/06/1997 (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. DOMESTIC VIOLENCE ORDINANCE - SECT 7 Power of court to grant extension VerDate:30/06/1997 A court may extend- (a) an injunction granted under this Ordinance containing a provision mentioned 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. DOMESTIC VIOLENCE ORDINANCE - SECT 7A Court may vary or suspend custody or access order VerDate:01/08/2008 This section was added by 17 of 2008. Its contents will be incorporated in the BLIS system as soon as possible. DOMESTIC VIOLENCE ORDINANCE - SECT 8 Rules of practice and procedure VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 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 a power of arrest attached, under section 5(1), to an injunction; and (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) DOMESTIC VIOLENCE ORDINANCE - SECT 8 Rules of practice and procedure VerDate:30/06/1997 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 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. DOMESTIC VIOLENCE ORDINANCE - SECT 9 Saving as to existing jurisdiction VerDate:01/07/1997 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) DOMESTIC VIOLENCE ORDINANCE - SECT 9 Saving as to existing jurisdiction VerDate:30/06/1997 The powers conferred under this Ordinance shall be in addition to and not in derogation from the powers of the High Court and the District Court. DOMESTIC VIOLENCE ORDINANCE - SECT 10 Injunctions not to be registered VerDate:30/06/1997 An injunction containing a provision mentioned in section 3(1)(c) or (d) shall not be registered under the Land Registration Ordinance (Cap 128). DOMESTIC VIOLENCE ORDINANCE - SECT 11 Powers of the court to be exercised by a judge VerDate:01/07/1997 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. DOMESTIC VIOLENCE ORDINANCE - SECT 11 Powers of the court to be exercised by a judge VerDate:30/06/1997 (1) The powers conferred by this Ordinance on the High Court shall be exercised by a judge. (2) The powers conferred by this Ordinance on the District Court shall be exercised by a District Judge.