Hong Kong Ordinances

DOMESTIC VIOLENCE ORDINANCE - SECT 3

Power of District Court to grant injunction

(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.]