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Domestic and Cohabitation Relationships Violence Ordinance

Domestic and Cohabitation Relationships Violence Ordinance

Author: Lawrence Li
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626617052
Published In: November 2014
Format: Paperback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
The Domestic and Cohabitation Relationships Violence Ordinance (DVCRO) protects not only the abused spouse but also the children and elders in the family from all sorts of domestic violence that may occur in a household. It covers physical, mental and psychological violence.

This publication provides both a practical approach and academic analysis to this crucial piece of legislation providing readers with practical knowledge and understanding of the delicate nature of domestic violence and the current situation in Hong Kong. This publication is a perfect companion to our Family Law and Practice title.

In addition to full annotations and commentaries on each and every section of the Ordinance, this title also provides:
- A full historical account of the cases and instances that led to the enactment of this legislation in Hong Kong
- A look at the cultural traits that had to be revealed and overcome to bring the plight of domestic violence out in the open here in Hong Kong
- Highlights the significant features and revisions of the Ordinance that led to more protections entitled to every abused member of the household
- Civil and criminal protections entitled to every abused member of the household
- Recent significant events and cases that occurred since the enactment of the Ordinance
1. Overview and summary of the history domestic violence and the march to create effective legislation to protect the victims in Hong Kong

2. Analysis, commentary and annotations of the Domestic & Cohabitation Relationships Violence Ordinance:
- Section 1: Title
- Section 2: Interpretation and Analysis
- Section 3: Power of the District Court to grant injunctions: spouses and former spouses
- Section 3A: Power of the District Court to grant injunctions: other relatives
- Section 3B: Power of the District Court to grant injunctions: cohabitants & and former cohabitants
- Section 4: Court of First Instance may exercise the powers of the District Court in certain cases
- Section 5: Arrest for breach of order
- Section 6: Limitations as regards to injunctions and orders of arrest
- Section 7: Court may extend injunctions and authorizations of arrest
- Section 7A: Court may vary or suspend custody or access order
- Section 8: Rules of practice & procedure
- Section 9: Saving as to existing jurisdiction
- Section 10: Injunctions not to be registered
- Section 11: Powers of the court to be exercised by a judge
3. Appendices

(i) Domestic and Cohabitation Relationships Violence Rules; and
(ii) List of Factors Establishing What is Considered a Cohabitation Relationship
Written by Lawrence Li
• LLB (Hons), City University of Hong Kong
• LLM (Cantab), University of Cambridge