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There is currently no specific criminal offence on \u201cstalking\u201d in the laws of Hong Kong, nor comprehensive definition of \u201cstalking\u201d. Its various aspects are governed, in different extent, by the laws in Hong Kong. Since 2000, there has been call for reform in this area. The Law Reform Commission of Hong Kong in its October 2000 Stalking Report referred to stalking as\u00a0\u201cthe pursuit by one person of what appears to be a campaign of harassment or molestation of another, usually with an undertone of sexual attraction or infatuation\u201d<\/em>\u00a0and\u00a0\u201cbehaviour which subjects another to a course of persistent conduct, whether active or passive, which taken together over a period of time amounts to harassment or pestering\u201d.<\/em>\u00a0A Consultation Paper on Stalking was issued by the Constitutional and Mainland Affairs Bureau in December 2011 proposed anti-stalking legislation which would be designed\u00a0\u201cto protect the innocent from being pursued in any way that places the victim in constant fear or anxiety\u201d<\/em>\u00a0.<\/p>\n Stalking can therefore involve any of the following:<\/p>\n To know more about this topic, please visit\u00a0Daily Lives Legal Issues > Stalking > What is stalking?<\/a>\u00a0.<\/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 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, or to persistently make telephone calls without reasonable cause for any of those purposes.<\/p>\n Section 20<\/a>\u00a0extends to messages sent by social network apps for smartphones through the Internet: e.g. WhatsApp, Line or Skype.<\/p>\n Sometimes, persistent telephone calls, particularly silent calls, can be disruptive and harmful to mental or physical health, particularly if the victim is known to be alone and afraid. As established in English case law, 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.<\/p>\n To know more about this, you may go to\u00a0Daily Lives Legal Issues > Stalking > Possible criminal charges against a stalker under the Summary Offences Ordinance > A. Offences in connection with telephone calls or messages, or telegrams<\/a>\u00a0.<\/p>\n Where a stalker commits a civil wrong, such as assault, intimidation, trespass or nuisance, the victim may bring a civil lawsuit in tort.<\/p>\n The stalker\u2019s activities may be both a crime and a tort (a civil wrong). A crime is an offence against society as a whole and is prosecuted by the HKSAR Government. The Secretary for Justice has the responsibility for the conduct of criminal prosecutions, including the decision of whether or not to prosecute in a particular case. A tort is a civil wrong and can be the subject of proceedings by the person who is wronged by the stalker\u2019s conduct. A successful criminal prosecution leads to the punishment of the offender. Successful proceedings in tort lead to an award of monetary compensation to the person wronged, and where there is evidence that the wrongful conduct is likely to be repeated, an injunction may be granted to prevent repetition of the wrongful conduct.<\/p>\n For more details, please refer to\u00a0Daily Lives Legal Issues > Stalking > Civil procedures<\/a>\u00a0.<\/p>\n Breach of an injunction is a contempt of court punishable by a fine or imprisonment. Imprisonment is rarely used. Rather than impose immediate imprisonment, the court which made the injunction may, particularly on the first breach or where the breach is not that serious, accept an undertaking (a promise) from the defendant not to commit further breaches of the injunction. As breach of an injunction is not a criminal offence, the police cannot arrest a person who is in breach of an injunction, unless it is necessary to prevent a breach of peace, or the breach itself amounts to a criminal offence. Enforcement of the injunction is a matter for the plaintiff. The plaintiff is responsible for issuing the necessary documentation to bring the defendant back before the court which made the injunction and to show that the injunction has been breached.<\/p>\n To understand more about this, please go to\u00a0Daily Lives Legal Issues > Stalking > Civil procedures > D. Enforcement of injunctions<\/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″] FAQ [\/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″] 1. What is Stalking? There is currently no specific criminal offence on \u201cstalking\u201d in the laws of Hong Kong, nor comprehensive definition of \u201cstalking\u201d. Its various aspects […]<\/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-863","post","type-post","status-publish","format-standard","hentry","category-daily-lives-legal-issues","category-stalking","category-topics"],"yoast_head":"\n\n
2. My ex-lover persistently calls me and sends text messages to me. It causes me great disturbance. Because of this, I suffer from mental distress and need to see a doctor. Has my ex-lover committed any offences?<\/h3>\n
3. If a stalker is not prosecuted, what can a victim do?<\/h3>\n
4. What happens if someone has breached an injunction?<\/h3>\n