Hong Kong Ordinances

DOMESTIC VIOLENCE ORDINANCE - SECT 3

Power of District Court to grant injunction: spouses and former spouses*

(Past version on 30/06/1997).

(1) On an application by a person the District Court, if it is satisfied that
the applicant or a specified minor has been molested by the spouse or former
spouse of the applicant and subject to section 6, may grant an injunction
containing any or all of the following provisions— (Amended 17 of 2008 s. 4)

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

   (b)  a provision restraining the respondent from molesting any specified
        minor;

   (c)  a provision prohibiting the respondent— (Amended 17 of 2008 s. 4)

        (i)    (where the applicant has been molested by the respondent) from
               entering or remaining in— (A) the residence of the applicant;
               (B) a specified part of the residence of the applicant; or (C)
               a specified area whether or not the residence of the applicant
               is in that area, whether or not the residence is the common
               residence or matrimonial home of the applicant and the
               respondent;

        (ii)   (where the specified minor has been molested by the respondent)
               from entering or remaining in— (A) the residence of the
               specified minor; (B) a specified part of the residence of the
               minor; or (C) a specified area whether or not the residence of
               the minor is in that area, whether or not the residence is the
               common residence of the minor and the respondent;

   (d)  a provision requiring the respondent to permit— (Amended 17 of 2008
        s. 4)

        (i)    (where the applicant resides with the respondent) the applicant
               to enter and remain in the common residence or matrimonial home
               of the applicant and the respondent or in a specified part of
               such common residence or matrimonial home; or

        (ii)   (where the specified minor resides with the respondent) the
               minor to enter and remain in the common residence of the minor
               and the respondent or in a specified part of such common
               residence, whether or not any other relief is being sought in
               the proceedings.

(1A) A court may in an injunction containing a provision mentioned in
subsection (1)(a) or (b) 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. (Added 17 of 2008 s. 4)

(2) In exercising its power 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 specified
minor and to all the circumstances of the case.

(3) In this section, “specified minor” (指明未成年人) means a
minor—

   (a)  who is a child (whether a natural child, adoptive child or step-child)
        of the applicant or respondent concerned; or

   (b)  who is living with the applicant concerned. (Added 17 of 2008 s. 4)
(Amended 17 of 2008 s. 4) [cf. 1976 c. 50 s. 1 U.K.]
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______________ Note:

* (Amended 17 of 2008 s. 4) “specified minor” (指明未成年人)