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Under the\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a>\u00a0(\u00a0Cap. 189<\/a>\u00a0), an application can be made by an eligible person to the District Court or the Court of First Instance, and the court may grant an injunction which either:<\/p>\n Where the court is satisfied that the abuser either has caused actual bodily harm to the victim or is likely to do so, a Power of Arrest may be attached to the injunction. This\u201cpower of arrest\u201denables the police to arrest the abuser where the abuser is reasonably suspected of breaching the injunction by reason of violence or by entering into or remaining in the area specified in the injunction. The police can use all necessary power including entry to a building by reasonable force to make the arrest. The arrested person will be brought before the Court of First Instance or the District Court, which ever made the injunction, to answer for the breach of the injunction (\u201cthe breach\u201d here refers to the abuser not abiding by the requirements set out in the injunction).<\/p>\n If you or your children or other family members are assaulted or threatened by your spouse\/partner or a person listed in Part C, you should report the matter to the police. For any emergency, please call 999.<\/p>\n The maximum length of time for an injunction order is 24 months. The order can be renewed once if the court sees it to be appropriate.<\/p>\n The Court may make an order at first without the abuser being told about it. In other words, you may apply to the Court without telling the abuserwhat you are going to do. However, the written order must be sent\/given to the perpetrator before it can have any effect. You must therefore take steps to ensure that you are in a place of safety until the order has been served.<\/p>\n The application forms for injunction orders can be obtained from a solicitor, the Legal Aid Department, or the Family Court Registry.<\/p>\n Legal Aid Department<\/strong><\/p>\n Telephone: 2537 7677 Family Court Registry<\/strong><\/p>\n Address: M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong Due to the complexity of the procedures, it is recommended that you instruct a solicitor to act for you if at all possible. Provided your case has merit and you are financially eligible you may qualify for Legal Aid. If you do not qualify for Legal Aid, you will be responsible for paying the costs of your solicitor.<\/p>\n Section 3<\/a>\u00a0of the\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a> (\u00a0Cap. 189<\/a>\u00a0) enables the District Court to grant an injunction to an applicant who has been molested by their spouse or former spouse. The injunction may contain a provision restraining further molestation. It may also restrain the abuser from entering or remaining in the victim\u2019s residence or a specified part of that residence. This is so whether or not the residence is the common residence or matrimonial home of the parties.<\/p>\n There is no definition of \u201cmolestation\u201d in the Domestic and Cohabitation Relationships <\/a>Violence <\/a>Ordinance<\/a>. In\u00a0P v C<\/a>\u00a0Deputy District Judge Sharon Melloy, as she then was, commented on the lack of authority of the definition of molestation at the time. She stated:<\/p>\n Molestation has been defined widely and in the wife\u2019s solicitors closing submissions I was referred in particular to the following definitions:<\/em><\/p>\n \u201c\u2026\u2026 molestation may take place without the threat or use of physical violence and still be serious and inimical to mental and physical health\u2026\u2026<\/em>\u00a0It applies to any conduct which can properly be regarded as such a degree of harassment as to call for the intervention of the court\u2026\u2026<\/em>\u00a0Molest is a wide, plain word which I would be reluctant to define or paraphrase. If I had to find one synonym for it, I would select \u2018pester\u2019\u2026\u2026In Hong Kong \u201cscolding\u201d has been found to be sufficient for both a non-molestation and an ouster order\u2026\u2026 In addition, there usually has to be a form of intent. Harassment, it has to be said, of course, includes within it an element of intent, intent to cause distress or harm\u201d.<\/em><\/p>\n Each case will depend on its own particular facts, but the day to day meaning of \u201cmolestation\u201d is to annoy, disturb or persecute, especially with hostile intent or injurious effect. Molestation does not necessarily require violence or threats of violence, but its meaning extends to conduct which is sufficiently harassing, demeaning, belittling, and degrading as to call for the intervention of the court. The other meaning of molest is to be subjected to unwanted or improper sexual activity. Even without the threat or use of violence, or being subjected to unwanted or improper sexual activity, molestation can be seriously detrimental to physical or mental health.<\/p>\n For example, in\u00a0P v C<\/a>\u00a0the wife alleged a number of incidents of violence, that the husband was hot tempered and controlling, and had mounted a campaign of intimidation and harassment against her.<\/p>\n Under\u00a0section 3B<\/a>\u00a0of the\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a> (\u00a0Cap. 189<\/a>\u00a0), an injunction may be obtained by a party to a cohabitation relationship who has been molested.\u00a0Section 3B<\/a>\u00a0is not gender specific. The injunction can restrain the abuser from further molesting the cohabitee, and where there has been molestation; restrain the user from entering the victim\u2019s residence or a specified part of that residence. This is so whether or not the residence is the common residence of the parties. In deciding whether or not a cohabitation relationship exists, the court looks at all the circumstances of the case.<\/p>\n Some relevant, though not exclusive factors are:<\/p>\n Apart from spouses, former spouses, cohabitants and former cohabitants, the following categories of persons are also within the scope of injunction orders under the\u00a0Domestic and Cohabitation Relationships Violence Ordinance<\/a> :<\/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=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] II. Domestic and Cohabitation Relationships Violence Ordinance [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] Under the\u00a0Domestic and Cohabitation Relationships Violence Ordinance\u00a0(\u00a0Cap. 189\u00a0), an application can be made by an eligible person to the District Court or 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":[26,39,29],"tags":[],"class_list":["post-793","post","type-post","status-publish","format-standard","hentry","category-daily-lives-legal-issues","category-domestic-violence-and-assistance","category-topics"],"yoast_head":"\n\n
How long do these injunction orders last?<\/h3>\n
Can I apply for an injunction order without informing the abuser?<\/h3>\n
How can I apply for the injunction orders?<\/h3>\n
Fax: 2537 5948
Website:\u00a0http:\/\/www.lad.gov.hk\/eng\/ginfo\/5day.html<\/a>
E-mail: ladinfo@lad.gov.hk<\/p>\n
Telephone: 2840 1218
Fax: 2523 9170
Website:\u00a0http:\/\/www.judiciary.gov.hk\/en\/others\/contactus.htm#FC<\/a>
E-mail: familycourt@judiciary.gov.hk
Opening hours: Monday to Friday 9:00 a.m. to 1:00 p.m.; 2:00 p.m. to 5:00 p.m.; Saturday 9:00 a.m. to 12:00 noon (Closed on Sundays and Public Holidays)<\/p>\nA. Spouse or former spouse<\/h2>\n
B. Cohabitants or former cohabitants<\/h2>\n
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C. Other family members<\/h2>\n
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