Stalking - [2000] HKLRC 3 (October 2000) - STALKING

Mr Godfrey K F Kan, Senior Government Counsel, was principally responsible for the writing of this Commission report.


		Page
Preface		1

1.	The menace of stalking	4

	What is stalking?	4
	Methods employed by stalkers	5
	Profile of stalkers	8
	Other categories of stalkers	12
	Victims of stalking	15
	Impact of stalking behaviour on victims	20
	Effect of stalking behaviour on privacy	23

2.	Overview of responses to the Consultation Paper	29

3.	Incidence of stalking in Hong Kong	33

4.	Protection under existing law	48

	Civil law	48
	Trespass to land	48
	Private nuisance	48
	Watching and besetting premises	50
	Intimidation	50
	Harassment on highway	50
	Defamation	51
	Trespass to the person	51
	Threats causing nervous shock	52
	False imprisonment	52
	Involuntary admission under the Mental Health Ordinance	53
	Sexual harassment	53
	Invasion of privacy	54
	Is there a tort of harassment?	54
	Power to grant injunctions in family proceedings	58
	Domestic Violence Ordinance	58
	Enforcement of injunctions	60
	Family Law Act 1996 (UK)	61
	Criminal law	63
	Power to bind over to keep the peace or to be of good behaviour	64
	Public Order Ordinance	66
	Assault and battery	66
	Assault occasioning actual bodily harm	67
	Wounding or inflicting grievous bodily harm	69
	False imprisonment	69
	Loitering	69
	Telephone and post office statutes	70
	Public nuisance	71
	Intimidation	72
	Criminal attempt	74
	Conclusion	74
	Inadequacy of existing civil law	74
	Inadequacy of existing criminal law	76

5.	Legislation in other jurisdictions	79

	Australia	79
	Canada	85
	England and Wales	87
	Ireland	92
	New Zealand	92
	Singapore	95
	United States	96

6.	The new offence	104

	Need for criminal sanctions	104
	Elements of the new offence	110
	Course of conduct	110
	Level of harm	112
	The threat requirement	119
	Mental element of the proposed offence	120
	Proposed offence	127
	A dissenting view	127

7.	Defences	129

	Lawful authority and crime prevention or detection	129
	Pursuit that is reasonable in the circumstances	129
	News-gathering activities	132
	Public interest	137
	Adherence to trade practices	138
	Freedom of assembly and of demonstration	139
	Activities protected by the Basic Law	145
	Serious crime and security	146

8.	Penalty	149

	General	149
	Penalty for second and subsequent offences	154
	Victim Impact Statements	155
	Notice of offender’s release from prison	155
	Electronic monitoring	155
	Aggravated stalking	156
	Restraining orders in criminal proceedings	157

9.	Miscellaneous matters	161

	Bail	161
	Mental evaluation and treatment for stalkers	162
	Education	167
	Need for civil remedies	169
	Breach of injunction	173
	Harassment of debtors by debt collection agencies	176
	Harassment of tenants in leased premises	178
	Potential for abuse	180
	Conclusion	183

10.	Summary of recommendations	184

Annex	List of respondents to the Consultation Paper	188

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The Secretary of the Commission is Mr Stuart M I Stoker and its offices are at:

20/F Harcourt House
39 Gloucester Road
Wanchai
Hong Kong

Telephone: 2528 0472
Fax: 2865 2902
E-mail: hklrc@hkreform.gcn.gov.hk
Website: http://www.info.gov.hk/hkreform

Hong Kong Law Reform Commission