[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” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/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″]<\/p>\n
Section 20<\/a>\u00a0of the\u00a0Summary Offences Ordinance<\/a>\u00a0(\u00a0Cap. 228<\/a>\u00a0) may provide some protection from telephone calls made by a stalker. It is an offence punishable by a fine of $1,000 and imprisonment for two months to send any message by telegraph, telephone or wireless telegraphy which is grossly offensive, or of an indecent, obscene or menacing character. It is also an offence under the same section to send any message known to be false for the purpose of causing annoyance, inconvenience or needless anxiety to any other person (\u00a0section 20(b)<\/a>\u00a0), or to persistently make telephone calls without reasonable cause for any of those purposes (\u00a0section 20(c)<\/a>\u00a0).<\/p>\n Giving \u201cwireless telegraphy\u201d its practical and contemporary meaning as the transfer of information between two or more points that are not connected by an electrical conductor,\u00a0section 20<\/a>\u00a0extends to messages sent by social network apps for smartphones through the Internet: e.g. WhatsApp, Line or Skype. This interpretation accords with\u00a0section 19<\/a>\u00a0of the\u00a0Interpretation and General Clauses Ordinance<\/a>\u00a0(\u00a0Cap. 1<\/a>\u00a0) (IGCO), which requires legislation to \u201creceive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Ordinance according to its true intent, meaning and spirit\u201d.<\/p>\n Section 20<\/a>\u00a0requires the message to be grossly offensive, or of an indecent, obscene or menacing character. Whether or not this is so is fact specific. However, giving\u00a0section 20<\/a>\u00a0a purposive interpretation as required by\u00a0section 19<\/a>\u00a0of the\u00a0IGCO<\/a>\u00a0, the phrase \u201cmenacing character\u201d covers persistent silent telephone calls. As discussed in\u00a0R<\/em>\u00a0v\u00a0Ireland<\/em>\u00a0and\u00a0R<\/em>\u00a0v\u00a0Burstow<\/em>\u00a0, repeated telephone calls, including silent calls, could cause the victim to apprehend immediate and unlawful violence and, depending on the particular circumstances, be of a menacing character.<\/p>\n Sometimes, persistent telephone calls, particularly silent calls, from a stalker during the night can be particularly disruptive and harmful to mental or physical health, particularly if the victim is known to be alone and afraid. As established in English cases\u00a0R<\/em>\u00a0v\u00a0Ireland<\/em>\u00a0and\u00a0R<\/em>\u00a0v\u00a0Burstow<\/em>\u00a0, recognisable psychiatric illness can amount to bodily harm (but this does not include fear, distress or panic). The stalker can be charged with Assault Occasioning Actual Bodily Harm contrary to\u00a0section 39<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0.<\/p>\n Ireland<\/em>\u00a0made persistent silent telephone calls to three women, who consequently suffered psychiatric illness.\u00a0Ireland’s<\/em>\u00a0conviction on three counts of assault occasioning actual bodily harm (equivalent to\u00a0section 39<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0of the Laws of Hong Kong) was upheld: psychiatric injury can amount to actual bodily harm, and since repeated telephone calls could cause the victim to apprehend immediate and unlawful violence, his conduct could amount to an assault.\u00a0Burstow<\/em>\u00a0conducted an eight month campaign of harassment against a woman using both silent and abusive telephone calls. She was fearful of personal violence and suffering from a severe depressive illness. His appeal against conviction for unlawfully inflicting grievous bodily harm contrary to the equivalent of\u00a0section 19<\/a>\u00a0of the\u00a0Offences Against the Person Ordinance<\/a>\u00a0of the Laws of Hong Kong was dismissed on the grounds that psychiatric injury could amount to grievous bodily harm.<\/p>\n Both\u00a0Ireland<\/em>\u00a0and\u00a0Burstow<\/em>\u00a0indicate possible protections are available to the victims of stalkers in Hong Kong by using the\u00a0Offences Against the Person Ordinance<\/a>\u00a0. The problem is that in proving the case, there is the issue of the time and cost involved, and the question of whether the particular case comes within the guidelines for the commencement of a prosecution under the Department of Justice\u2019s\u00a0Prosecution Code 2013<\/a>\u00a0.<\/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” hover_enabled=”0″ sticky_enabled=”0″] VI. Possible criminal charges against a stalker under the Summary Offences 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″] A. Offences in connection with telephone calls or messages, or telegrams Section 20\u00a0of the\u00a0Summary Offences Ordinance\u00a0(\u00a0Cap. […]<\/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":[26,41,29],"tags":[],"class_list":["post-857","post","type-post","status-publish","format-standard","hentry","category-daily-lives-legal-issues","category-stalking","category-topics"],"yoast_head":"\n