DOMESTIC VIOLENCE RULES - CHAPTER 189A DOMESTIC VIOLENCE RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 189 section 8) [19 December 1986] (L.N. 285 of 1986) DOMESTIC VIOLENCE RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Domestic Violence Rules. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 In these rules, unless the context otherwise requires- "judge" (法官) means- (a) in relation to proceedings commenced in the Court of First Instance, the Chief Judge of the High Court, a Justice of Appeal, a judge of the Court of First Instance and a deputy judge of the Court of First Instance; and (79 of 1995 s. 50; 25 of 1998 s. 2) (b) in relation to proceedings commenced in the District Court, a District Judge and a deputy District Judge of the District Court, and "court" (法院) shall be construed accordingly; "power of arrest" (逮捕權書) means a power of arrest attached to an injunction under section 5(1) of the Ordinance. (Enacted 1986) "judge" (法官) "court" (法院) "power of arrest" (逮捕權書) DOMESTIC VIOLENCE RULES - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "judge" (法官) means- (a) in relation to proceedings commenced in the High Court, the Chief Justice of the Supreme Court, a Justice of Appeal, a judge of the High Court of Justice and a deputy judge of the High Court of Justice; and (79 of 1995 s. 50) (b) in relation to proceedings commenced in the District Court, a District Judge and a deputy District Judge of the District Court, and "court" (法院) shall be construed accordingly; "power of arrest" (逮捕權書) means a power of arrest attached to an injunction under section 5(1) of the Ordinance. (Enacted 1986) "judge" (法官) "court" (法院) "power of arrest" (逮捕權書) DOMESTIC VIOLENCE RULES - RULE 3 Application of Rules of High Court VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 Subject to these rules, the Rules of the High Court (Cap 4 sub. leg.) shall apply to proceedings under the Ordinance as they apply to proceedings in the Court of First Instance with such modifications as are necessary for that purpose. (Enacted 1986. 25 of 1998 s. 2) DOMESTIC VIOLENCE RULES - RULE 3 Application of Rules of Supreme Court VerDate:30/06/1997 Subject to these rules, the Rules of the Supreme Court (Cap 4 sub. leg.) shall apply to proceedings under the Ordinance as they apply to proceedings in the High Court with such modifications as are necessary for that purpose. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 4 Form of power of arrest VerDate:30/06/1997 A power of arrest shall be in Form 1 in the Schedule. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 5 Service of power of arrest VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 A copy of any power of arrest or order relating thereto shall be served on the Commissioner of Police by- (a) the Registrar of the High Court; or (25 of 1998 s. 2) (b) the solicitor of the party on whose application the power of arrest or order is granted, if a judge, on being satisfied that the urgency of the case so requires, makes an order that service may be so effected. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 5 Service of power of arrest VerDate:30/06/1997 A copy of any power of arrest or order relating thereto shall be served on the Commissioner of Police by- (a) the Registrar of the Supreme Court; or (b) the solicitor of the party on whose application the power of arrest or order is granted, if a judge, on being satisfied that the urgency of the case so requires, makes an order that service may be so effected. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 6 Power of release on bail VerDate:30/06/1997 (1) A judge may, on the application of a person arrested under a power of arrest, order that person to be admitted to bail and the recognizance of bail may be taken before the judge or, if the order so directs, before any magistrate. (47 of 1997 s. 10) (2) A judge may on admitting a person to bail under paragraph (1) order that such sum of money as the judge may specify be deposited with the court by the person arrested, as a condition of admission to bail. (3) If a person admitted to bail does not appear at the time and place required by the judge, the judge may order any sum deposited pursuant to an order under paragraph (2) to be forfeited. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 7 Transfer of proceedings VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 Proceedings begun in the Court of First Instance under the Ordinance may be transferred to the District Court if a judge of the Court of First Instance is of the opinion that they should be heard and determined in the District Court. (Enacted 1986. 25 of 1998 s. 2) DOMESTIC VIOLENCE RULES - RULE 7 Transfer of proceedings VerDate:30/06/1997 Proceedings begun in the High Court under the Ordinance may be transferred to the District Court if a judge of the High Court is of the opinion that they should be heard and determined in the District Court. (Enacted 1986) DOMESTIC VIOLENCE RULES - RULE 8 Proceedings to be in chambers VerDate:30/06/1997 All proceedings under the Ordinance shall be disposed of in chambers unless the judge hearing them otherwise directs. (Enacted 1986) DOMESTIC VIOLENCE RULES - SCHEDULE SCHEDULE VerDate:30/06/1997 [rule 4] Form 1 POWER OF ARREST (Heading as in Originating Summons) [here set out injunction] POWER OF ARREST And the Judge being satisfied that the Respondent has caused actual bodily harm to the Applicant [or ........................... the child concerned], a power of arrest is attached to this order whereby any police officer may arrest without warrant a person whom he reasonably suspects of being in breach of the order. This power of arrest expires on the day of 19 unless extended by an order under section 7 of the Domestic Violence Ordinance. (L.N. 615 of 1994)