{"id":858,"date":"2021-06-28T16:30:12","date_gmt":"2021-06-28T08:30:12","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=858"},"modified":"2021-06-29T16:25:16","modified_gmt":"2021-06-29T08:25:16","slug":"possible-criminal-charges-against-a-stalker-under-the-public-order-ordinance","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/daily-lives-legal-issues\/stalking\/possible-criminal-charges-against-a-stalker-under-the-public-order-ordinance\/","title":{"rendered":"Possible criminal charges against a stalker under the Public Order Ordinance"},"content":{"rendered":"

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VII. Possible criminal charges against a stalker under the Public Order Ordinance<\/h1>\n

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A. Disorderly conduct in a public place<\/h2>\n

Any person who in any public place behaves in a noisy or disorderly manner, or uses, or distributes or displays any writing containing, threatening, abusive or insulting words with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be caused, is guilty of an offence contrary to\u00a0section 17B(2)<\/a>\u00a0of the\u00a0Public Order Ordinance<\/a>\u00a0(\u00a0Cap. 245<\/a>\u00a0) and is liable on conviction to a fine at level 2 of\u00a0Schedule 8<\/a>\u00a0of the\u00a0Criminal Procedure Ordinance<\/a>\u00a0(\u00a0Cap. 221<\/a>\u00a0) (currently $5,000) and to imprisonment for 12 months.<\/p>\n

This section provides a potential response to a stalker who uses threatening, abusive or insulting words likely to cause a breach of the peace. An example is\u00a0HKSAR v Chan Kwai Hung<\/a> . The defendant behaved in a disorderly manner in a public place by positioning a black recycle bag containing a mobile phone with a camera lens under the skirt of a female. There were a number of people nearby, any one of whom could have discovered what he was doing. Had they done so, the court was satisfied that what the defendant did would have caused sufficient outrage to make it likely that one or more of them would not confine themselves simply to the force required to effect the arrest of the appellant. A witness to the event grabbed the straps of the bag from Chan in order to stop him. Chan was convicted after trial and sentenced to 14 days\u2019 imprisonment. His appeal against conviction was dismissed, but his sentence was altered to a Community Service Order of 160 hours.<\/p>\n

Section 17B(2)<\/a>\u00a0affords some protection to the victim of a stalker where the stalker\u2019s conduct amounts to an actual or threatened breach of the peace. It does not, however, address cases in which a stalker simply follows the victim or contacts the victim through electronic communication systems. Such systems distance the victim from the stalker. In neither case is there disorderly conduct in a public place. Persistently contacting the victim through electronic communication systems, however, may involve an offence contrary to\u00a0section 20<\/a>\u00a0of the\u00a0Summary Offences Ordinance<\/a>\u00a0.<\/p>\n

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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>