{"id":860,"date":"2021-06-28T16:30:47","date_gmt":"2021-06-28T08:30:47","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=860"},"modified":"2021-06-29T16:53:16","modified_gmt":"2021-06-29T08:53:16","slug":"possible-preventative-action-against-stalkers","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/daily-lives-legal-issues\/stalking\/possible-preventative-action-against-stalkers\/","title":{"rendered":"Possible preventative action against stalkers"},"content":{"rendered":"

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IX. Possible preventative action against stalkers<\/h1>\n

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A. Arrest for breach of the peace<\/h2>\n

Although breach of the peace is not an offence in common law, a person may be arrested without warrant for this. There is a power of arrest where a breach of the peace has been committed in the presence of the person making the arrest; or the person making the arrest reasonably believes that a breach of the peace is imminent; or where a breach has been committed, and it is reasonably believed that a renewal is threatened. A breach of the peace occurs whenever harm is actually done or is likely to be done to a person or in their presence to their property, or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. A person arrested for breach of the peace may be charged with an offence which has a breach of the peace as an element of the offence, or bound over to keep the peace and to be of good behaviour, or simply released.<\/p>\n

The powers of judges and magistrates to bind over to keep the peace or to be of good behaviour is derived from common law and from statute. Preventive action can be taken against potential offenders before an offence is committed. The purpose is to prevent breaches of the peace before they occur, not to punish the arrested person for breaching the peace. The courts have wide discretion about whether or not to bind over. A binding over order can be made if a judge or magistrate is satisfied that there is a risk that the person before the court is likely to cause a breach of the peace in the future.<\/p>\n

section 109I<\/a>\u00a0of the\u00a0Criminal Procedure Ordinance<\/a>\u00a0(\u00a0Cap. 221<\/a>\u00a0) gives judges and magistrates the power to require any person before the court to enter into a recognisance with or without sureties to keep the peace for a specified period of time and be of good behaviour. Failure to comply may lead to imprisonment and, if there is a further breach of the peace, all or part of the recognisance may be forfeited. There is no power to commit to prison for breaching the recognizance.<\/p>\n<\/div>\n

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[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″] IX. Possible preventative action against stalkers [\/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. Arrest for breach of the peace Although breach of the peace is not an offence in common law, a person may […]<\/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>