Hong Kong Ordinances

DOMESTIC VIOLENCE ORDINANCE - SECT 7A

Court may vary or suspend custody or access order

(1) If—

   (a)  a court grants, under section 3 or 3A, an injunction containing a
        provision mentioned in section 3(1)(c) or 3A(4)(b) that concerns a
        minor; and

   (b)  at the time the court determines the application for the injunction,
        there is in force—

        (i)    a court order that grants the custody of the minor to the
               respondent to the injunction; or

        (ii)   a court order that allows the respondent to the injunction to
               have access to the minor, the court may vary or suspend the
               court order in such manner as the court considers necessary for
               giving effect to the provision.

(2) In subsection (1)(b), “court order” (法庭命令) means—

   (a)  in relation to the application of subsection (1) to the District
        Court, an order made by the District Court; and

   (b)  in relation to the application of subsection (1) to the Court of First
        Instance, an order made by the Court of First Instance or the District
        Court.

(3) In considering varying or suspending a court order under subsection (1),
the court shall—

   (a)  regard the welfare of the minor as the first and paramount
        consideration; and

   (b)  in having such regard, give due consideration to—

        (i)    the wishes of the minor if, having regard to the age and
               understanding of the minor and to the circumstances of the
               case, it is practicable to do so; and

        (ii)   any material information, including any report of the Director
               of Social Welfare available to the court at the hearing.

(4) If a court order is varied under subsection (1), the order shall,
notwithstanding any other Ordinance or rule of law, have effect subject to
such variation.

(5) A variation of a court order under subsection (1) in respect of an
injunction shall be signified by attaching to the injunction a copy of the
order endorsed with the particulars of the variation.

(6) A variation or suspension of a court order made in respect of an
injunction shall cease to have effect upon the expiry of the validity period
of the injunction. (Added 17 of 2008 s. 10) “court order” (法庭命令)