{"id":862,"date":"2021-06-28T16:31:25","date_gmt":"2021-06-28T08:31:25","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=862"},"modified":"2021-06-29T16:42:18","modified_gmt":"2021-06-29T08:42:18","slug":"conclusion","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/daily-lives-legal-issues\/stalking\/conclusion\/","title":{"rendered":"Conclusion"},"content":{"rendered":"

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XI. Conclusion<\/h1>\n

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As was recognised by the\u00a02000 Law Reform Commission Report<\/a>\u00a0and by the 2011 Consultation Paper, neither the current criminal law nor the current civil law are adequate to protect the victims of stalking. Current criminal offences address conduct which has already occurred. Even where the stalker\u2019s conduct comes within one of the criminal offences already discussed, whether or not to prosecute is a matter for the police. The victim has little, if any, say about that.<\/p>\n

Civil actions in tort are time consuming and complicated, and generally beyond the capability of ordinary persons. Retaining a solicitor to conduct civil proceedings is expensive. Unless Legal Aid is obtained, civil proceedings will be unaffordable to most. Whether or not Legal Aid is obtained for civil proceedings depends both upon financial eligibility and the merits of the particular case. Even where the applicant for a Legal Aid certificate is financially eligible for Legal Aid, there is no certainty the merit test will be met.<\/p>\n

The 2011 Consultation Paper substantially adopts the recommendations in the\u00a02000 Law Reform Commission Report<\/a>\u00a0for the criminalisation of stalking. In summary, it is proposed that a criminal offence of stalking will be committed:<\/p>\n

    \n
  1. where one person pursues a course of conduct which amounts to harassment of another person and which the former knows or ought to know amounts to harassment of the latter;<\/li>\n
  2. the harassment is serious enough to cause the person who is harassed alarm or distress; or<\/li>\n
  3. a person ought to know that his\/her conduct amounts to harassment of another person if a reasonable person in possession of the same information the alleged harasser has would think that the course of conduct engaged in amounted to harassment of the person towards whom the conduct is directed.<\/li>\n<\/ol>\n

    Whilst the recognition by the Government of the need to criminalise stalking is a positive step forward, concerns arise about the possible use of a stalking law to suppress such human rights as the right to protest, the right of assembly and even freedom of the press. These are matters that will need to be considered when it comes to drafting the necessary legislation. It is, however, likely to be some time yet before Hong Kong has an effective anti-stalking law.<\/p>\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″] XI. Conclusion [\/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″] As was recognised by the\u00a02000 Law Reform Commission Report\u00a0and by the 2011 Consultation Paper, neither the current criminal law nor the current civil law are adequate […]<\/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>