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[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
An assault is an intentional or reckless action which brings about the apprehension of the immediate infliction of unlawful force in the mind of the person to whom the action is directed. Words may amount to an assault if the words bring about an apprehension of the immediate application of force in the person to whom the words are addressed.<\/p>\n
Aiming a punch at someone is an assault, even if the punch does not land upon that person. The punch brings about the apprehension of the immediate application of unlawful force. It is an act of hostility without any lawful justification. If the punch lands upon the intended victim, that is, in law, a battery.<\/p>\n
A battery is the intentional or reckless touching of another person without that person\u2019s consent. Unlawful force has been inflicted upon the victim. For convenience the word \u201cassault\u201d covers conduct which amounts to a battery. There may however be a battery without an assault. A person struck from behind is unaware of what is happening until the blow lands: there is no apprehension of the immediate application of unlawful force.<\/p>\n
Assault occasioning actual bodily harm (AOABH) is an offence contrary to\u00a0section 39<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0(\u00a0Chapter 212<\/a>\u00a0).<\/p>\n AOABH is an assault which brings about actual bodily harm. The prosecution must first of all prove all the factual and legal elements of the offence of assault. There must then be evidence that the assault brought about actual bodily harm. This involves issues of fact and causation. Actual bodily harm need not be serious or permanent. A punch which, for example, results in bruising or a broken tooth has caused actual bodily harm.<\/p>\n Wounding and inflicting grievous bodily harm with intent is an offence contrary to\u00a0section 17<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0(\u00a0Chapter 212<\/a>\u00a0).<\/p>\n An offence contrary to\u00a0section 17<\/a>\u00a0is committed where a person:<\/p>\n with intent to maim, disfigure or disable any person or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person.<\/p>\n A wound is where the skin is evenly divided. A burn or a bruise is not a wound as the skin is not evenly divided. An internal injury, for example a ruptured kidney, is not a wound though it may well amount to grievous bodily harm. Grievous bodily harm is harm which is really serious and can include psychiatric injury. Whether or not there is grievous bodily harm is a question of fact in each case.<\/p>\n Section 17<\/a>\u00a0charges are brought where the incident is serious, for example, a planned attack using weapons or the attack results in serious injury, for example, serious chop wounds, or serious internal injuries.<\/p>\n Section 17<\/a>\u00a0offences require an ulterior intent: the intent to do grievous bodily harm to any person and the intent to resist or prevent the lawful apprehension or detain of any person. The prosecution must first prove the\u00a0actus reus<\/em>\u00a0(guilty act). That is inflicting a wound or causing grievous bodily harm. There prosecution must then prove the accused did this with intent to cause grievous bodily harm and\/or with intent to resist or prevent the lawful apprehension or detainer of any person.<\/p>\n Unlawful and malicious wounding or inflicting any grievous bodily harm is an offence contrary to\u00a0section 19<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0(\u00a0Chapter 212<\/a>\u00a0).<\/p>\n There are two offences under this section: i) inflicting serious bodily harm and ii) wounding.<\/p>\n There must be a wound or serious bodily harm which can include psychiatric injury. That wound or serious bodily harm must have been inflicted by the defendant. \u201cInflicted\u201d means \u201ccaused\u201d. The action which causes the wound or the serious bodily harm must have been done intentionally or recklessly. There is no requirement under\u00a0section 19<\/a>\u00a0for any ulterior intent. Provided the wound or the serious bodily harm was caused by the defendant’s unlawful act and that act was done intentionally or recklessly the requirements of\u00a0section 19<\/a>\u00a0are satisfied.<\/p>\n Taking part in an unlawful fight in public is an offence, contrary to\u00a0section 25<\/a>\u00a0of the\u00a0Public Order Ordinance<\/a>\u00a0(\u00a0Chapter 245<\/a>\u00a0).<\/p>\n A “public place” is any place to which for the time being the public or any section of the public are entitled or permitted to have access, whether on payment or otherwise.<\/p>\n The word \u201cfight\u201d must be given its ordinary meaning and involves an equality of aggression.<\/p>\n Persons defending themselves against an attack are not in an equality of aggression situation.<\/p>\n It does not matter who started the fight, who won the fight or what it was about provided there is an equality of aggression. Whether there was or was not a fight depends upon all the circumstances of the particular case.<\/p>\n An agreement to fight in public to settle differences does not make the fight lawful. A properly licensed and supervised boxing match in a public park is however a different matter.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Violence offences” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] VI. Violence offences [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] A. Assault and battery An assault is an intentional or reckless action which brings about the apprehension of the immediate infliction of unlawful force in the mind of the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[25,32,29],"tags":[],"class_list":["post-500","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-crimes-commonly-committed-by-young-people","category-topics"],"yoast_head":"\nC. Wounding and inflicting grievous bodily harm with intent<\/h2>\n
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D. Wounding or inflicting grievous bodily harm<\/h2>\n
E. Fighting in public<\/h2>\n