L v K

CourtFamily Court (Hong Kong)
Judgment Date24 Dec 2014
Judgement NumberFCMP239/2014
SubjectMiscellaneous Proceedings
FCMP239/2014 L v. K

FCMP 239/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 239 OF 2014

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IN THE MATTER of an application under Sections 3A and 5, Domestic and Cohabitation Relationships Violence Ordinance, Chapter 189

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BETWEEN

L Applicant

and

K Respondent

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Before: Deputy District Judge G. Own in Chambers
Date of Hearing: 16 December 2014
Date of Decision: 24 December 2014

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D E C I S I O N

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Introduction

1. This is the trial of the Originating Summons issued by the Applicant on 11 September 2014 for injunctive reliefs against the Respondent under the Domestic and Cohabitation Relationships Violence Ordinance, Chapter 189 (“DCRVO”). The injunctive terms sought under the Originating Summons are as follows :-

“1. The Respondent whether by herself, his servants or agents or otherwise be strictly enjoined and restrained from assaulting, molesting, annoying or otherwise interfering with the Applicant;

2. The Respondent be prohibited from entering or remaining in the premises of xxx,xxxx Sun Chuen, xxxx Road, Sai Kung, New Territories, Hong Kong and do remain away for a radius of one hundred meters from the said premises;

3. ………..

4. ………..”

2. The Applicant is the mother in law of the Respondent. The Applicant, by way of an ex parte application filed on the same day of 11 September 2014, obtained an Interim Injunction Order as per the terms of paragraphs 1 and 2 of the Originating Summons. The returnable date of the ex parte application was 8 October 2014 at 9:30 a.m.

3. At the hearing on 8 October 2014 and in the presence of the Respondent, the Originating Summons was adjourned for trial on 16 December 2014 at 10:30 a.m. with 1 day reserved. Directions were granted for the filing and exchange of Affirmations and parties’ attendance for trial. At the hearing, the Interim Injunction Order dated 11 September 2014 was extended together with the attached Authorisation of Arrest was extended. It was further ordered that the Respondent do provide his residential address to the Court and to the Applicant’s Solicitors by 4:00 p.m. on 10 October 2014.

4. As at today’s hearing, the Respondent had not filed any Affirmation in opposition nor had he provided his residential address to the Court or to the Applicant’s Solicitors. The Respondent had not attended the hearing either.

5. Since the Respondent was in Court on...

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