Hong Kong Ordinances

DOMESTIC VIOLENCE ORDINANCE - SECT 3A

Power of District Court to grant injunction: other relatives

(1) The District Court may, on an application made by a person (“the
applicant”), if satisfied that the applicant has been molested by a relative
of the applicant, grant an injunction against that relative.

(2) In subsection (1), “relative” (親屬) means—

   (a)  the applicant’s father, mother, grandfather or grandmother

(whether natural or adoptive);

   (b)  the applicant’s step-father, step-mother, step-grandfather or
        step-grandmother;

   (c)  the applicant’s father-in-law or mother-in-law who is the natural
        parent, adoptive parent or step-parent of the applicant’s spouse;

   (d)  the applicant’s grandfather-in-law or grandmother-in-law who is the
        natural grandparent, adoptive grandparent or step-grandparent of the
        applicant’s spouse;

   (e)  the applicant’s son, daughter, grandson or granddaughter

(whether natural or adoptive);

   (f)  the applicant’s step-son, step-daughter, step-grandson or
        step-granddaughter;

   (g)  the applicant’s son-in-law or daughter-in-law who is the spouse of
        the applicant’s natural child, adoptive child or step-child;

   (h)  the applicant’s grandson-in-law or granddaughter-in-law who is the
        spouse of the applicant’s natural grandchild, adoptive grandchild or
        step-grandchild;

   (i)  the applicant’s brother or sister (whether of full or half blood or
        by virtue of adoption);

   (j)  the brother or sister (whether of full or half blood or by virtue of
        adoption) of the applicant’s spouse;

   (k)  the applicant’s step-brother or step-sister;

   (l)  the step-brother or step-sister of the applicant’s spouse;

   (m)  the applicant’s uncle, aunt, nephew, niece or cousin (whether of
        full or half blood or by virtue of adoption);

   (n)  the uncle, aunt, nephew, niece or cousin (whether of full or half
        blood or by virtue of adoption) of the applicant’s spouse; or

   (o)  the spouse of any person mentioned in paragraph (i), (j), (k),

   (l)  , (m) or (n).

(3) A minor who applies for an injunction under subsection (1) shall apply by
his next friend.

(4) Subject to section 6, an injunction granted under subsection

(1) may, whether or not any other relief is being sought in the proceedings,
contain any or all of the following provisions—

   (a)  a provision restraining the respondent from molesting the applicant;

   (b)  a provision prohibiting the respondent from entering or remaining
        in—

        (i)    the residence of the applicant;

        (ii)   a specified part of the residence of the applicant; or

        (iii)  a specified area whether or not the residence of the applicant
               is in that area, whether or not the residence is the common
               residence of the applicant and the respondent;

   (c)  (where the applicant resides with the respondent) a provision
        requiring the respondent to permit the applicant to enter and remain
        in—

        (i)    the common residence of the applicant and the respondent; or

        (ii)   a specified part of such common residence.

(5) A court may in an injunction containing a provision mentioned in
subsection (4)(a) include a provision requiring the respondent to participate
in any programme, approved by the Director of Social Welfare, that is aimed at
changing the attitude and behaviour that lead to the granting of such
injunction.

(6) In exercising its power to grant an injunction containing a provision
mentioned in subsection (4)(b) or (c), the District Court shall have regard
to—

   (a)  (where the applicant resides with the respondent) who has—

        (i)    the legal or beneficial interest in; or

        (ii)   a contractual or legal right to occupy, the common residence of
               the applicant and the respondent;

   (b)  (where the applicant resides with the respondent) the impact of the
        injunction on the relationship between the applicant, the respondent
        and their other family members who reside with them;

   (c)  the conduct of the applicant and the respondent, both in relation to
        each other and otherwise;

   (d)  the respective needs and financial resources of the applicant and the
        respondent; and

   (e)  all the circumstances of the case. (Added 17 of 2008 s. 5)
        “relative” (親屬)