Hong Kong Ordinances

DOMESTIC VIOLENCE ORDINANCE - SECT 5

Arrest for breach of order

(Past version on 01/07/1997).
(Past version on 30/06/1997).



*(1)Where a court grants, pursuant to section 3 or 3A, or pursuant to any
other power upon an application made by a party to a marriage against the
other party to the marriage, an injunction containing—

   (a)  a provision restraining any person from using violence against another
        person (“protected person”); or

   (b)  a provision prohibiting any person from entering or remaining in any
        premises or area, the court may, subject to subsection (1A) and
        section 6, attach to the injunction an authorization of arrest in the
        prescribed form. (Replaced 17 of 2008 s. 7)

*(1A) A court shall not attach under subsection (1) an authorization of arrest
to an injunction granted against a person unless-

   (a)  it is satisfied that the person has caused actual bodily harm to the
        protected person; or

   (b)  it reasonably believes that the person will likely cause actual bodily
        harm to the protected person. (Added 17 of 2008 s. 7)

*(1B) An authorization of arrest may be attached under subsection (1) to an
injunction-

   (a)  at the time the injunction is granted; or

   (b)  at any time during the validity period of the injunction. (Added 17 of
        2008 s. 7)

(2) Where under subsection (1) an authorization of arrest is attached to an
injunction a police officer may arrest without warrant any person whom he
reasonably suspects of being in breach of the injunction by reason of that
person's use of violence or, as the case may be, his entry into or remaining
in any premises or area specified in the injunction, and the police officer
shall have all necessary powers including the power of entry by the use of
reasonable force to effect that arrest.

(3) Where a person is arrested under subsection (2) he shall-

   (a)  be brought-

        (i)    in the case of an authorization of arrest attached under
               subsection (1) to an injunction by the Court of First Instance,
               before the Court of First Instance; and

        (ii)   in the case of an authorization of arrest attached under that
               subsection to an injunction by the District Court, before the
               District Court, before the expiry of the day after the day of
               his arrest; and

   (b)  not be released within the period referred to in paragraph (a) except
        on the direction of the Court of First Instance or of the District
        Court, as the case may be, but nothing in this section shall authorize
        his detention at any time after the expiry of the period mentioned in
        paragraph (a).

(4) Section 71 of the Interpretation and General Clauses Ordinance ( Cap 1)
shall not apply to this section except in so far as that section applies to a
gale warning day or black rainstorm warning day. (Amended 25 of 1998 s. 2; 17
of 2008 s. 7) [cf. 1976 c. 50 s. 2 U.K.]
___________________________________________________________________________
_________ Note:

* This section was amended by section 7 of the Domestic Violence
(Amendment) Ordinance 2008 (17 of 2008).    The saving provision contained 
in section 18 of that Amendment Ordinance reads as follows—

“18. Saving provision

A power of arrest attached to an injunction under section 5(1) of the
Domestic Violence Ordinance ( Cap 189) before the commencement# of this
Ordinance shall, upon such commencement, be regarded for all purposes as an
authorization of arrest attached under that section as amended by this
Ordinance.”.

# Commencement date: 1 August 2008.