These rules set how arrest authorizations are served, how bail may be handled after an arrest under an authorization, when proceedings go to the District Court, and that proceedings are usually heard in chambers.
Domestic and Cohabitation Relationships Violence Rules(Cap. 189, section 8)[19 December 1986](Format changes—E.R. 4 of 2019) Editorial Note: These rules were amended by the Domestic Violence (Amendment) Ordinance 2009 (18 of 2009) (Commencement date: 1 January 2010). Please see the saving provision contained in section 17 of that Amendment Ordinance. 1. Citation These rules may be cited as the Domestic and Cohabitation Relationships Violence Rules.(18 of 2009 s. 15) 2. Interpretation In these rules, unless the context otherwise requires—authorization of arrest (逮捕授權書) means an authorization of arrest attached to an injunction under section 5(1) of the Ordinance; (17 of 2008 s. 13)judge (法官) means—(a) in relation to proceedings commenced in the Court of First Instance, the Chief Judge of the High Court, a Justice of Appeal, a judge of the Court of First Instance, a deputy judge of the Court of First Instance and a recorder of the Court of First Instance; and (79 of 1995 s. 50; 25 of 1998 s. 2)(b) in relation to proceedings commenced in the District Court, a District Judge and a deputy District Judge of the District Court,and court (法院) shall be construed accordingly. (17 of 2008 s. 13)(17 of 2008 s. 13) 3. Application of Rules of High Court Subject to these rules, the Rules of the High Court (Cap. 4 sub. leg. A) shall apply to proceedings under the Ordinance as they apply to proceedings in the Court of First Instance with such modifications as are necessary for that purpose.(25 of 1998 s. 2) 4. Form of authorization of arrest (17 of 2008 s. 14)An authorization of arrest shall be in the form set out in the Schedule.(17 of 2008 s. 14) 5. Service of authorization of arrest (17 of 2008 s. 15)A copy of any authorization of arrest and the injunction to which it is attached shall be served on the Commissioner of Police by— (17 of 2008 s. 15)(a) the Registrar of the High Court; or (25 of 1998 s. 2)(b) the solicitor of the person on whose application the injunction is granted, if a judge, on being satisfied that the urgency of the case so requires, makes an order that service may be so effected. (17 of 2008 s. 15) 6. Power of release on bail (1) A judge may, on the application of a person arrested under an authorization of arrest, order that person to be admitted to bail and the recognizance of bail may be taken before the judge or, if the order so directs, before any magistrate. (47 of 1997 s. 10)(2) A judge may on admitting a person to bail under subsection (1) order that such sum of money as the judge may specify be deposited with the court by the person arrested, as a condition of admission to bail.(3) If a person admitted to bail does not appear at the time and place required by the judge, the judge may order any sum deposited pursuant to an order under subsection (2) to be forfeited.(17 of 2008 s. 16) 7. Transfer of proceedings Proceedings begun in the Court of First Instance under the Ordinance may be transferred to the District Court if a judge of the Court of First Instance is of the opinion that they should be heard and determined in the District Court.(25 of 1998 s. 2) 8. Proceedings to be in chambers All proceedings under the Ordinance shall be disposed of in chambers unless the judge hearing them otherwise directs. Schedule [s. 4]Form of Authorization of Arrest (Heading as in Originating Summons) [set out the injunction here] Authorization of Arrest And the Judge— * being satisfied that the Respondent has caused actual bodily harm to (name) , * reasonably believing that the Respondent will likely cause actual bodily harm to (name) , this authorization of arrest is attached to the above injunction whereby any police officer may arrest without warrant a person whom he reasonably suspects of being in breach of the injunction as described in section 5(2) of the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189). This authorization of arrest expires at 12 midnight on the day of unless extended under section 7 of the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189). * Delete where inappropriate. (Schedule replaced 17 of 2008 s. 17. 18 of 2009 s. 16)