Legislation

Coverage

Family Violence

Women's Charter (Part VII, Chapter 353) Section 64

Family violence means:

a.   wilfully or knowingly placing, or attempting to place, a family member in fear or hurt;
b.   causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
c.   wrongfully confining or restraining a family member against his will; or
d.   causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member, but does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age.

Family member means:

a.   a spouse or former spouse;
b.   a child of the person including an adopted child and a step-child;
c.   a father or mother of the person;
d.   a father-in-law or mother-in-law of the person;
e.   a brother or sister of the person;
f.    a relative or incapacitated person who in the opinion of the Court should be regarded as a family member.

Section 65

A family member as defined in the above section, can apply for a Protection Order.

If the Court is satisfied that family violence has been committed or the victim is at risk of family violence, the Court may issue a Protection Order to restrain the abuser from using family violence. The Expedited Order is given when the court is satisfied that there is imminent danger of family violence being committed.

Along with the Protection Order, the Court may also make the following orders:

a.   Domestic Exclusion Order which grants the right of exclusive occupation of the shared residence or a specified part of the shared residence to any protected person by excluding the abuser from the shared residence or specified part; and

b.   Counselling Order which refers the abuser or the protected person or both, or their children to attend counselling.

Causing Hurt, Wrongful Restraint or Confinement

Penal Code
(Cap 224)
Section 304A

Deals with any rash or negligent act not amounting to culpable homicide.

Section 323

Voluntarily causing hurt, whereby hurt is defined as bodily pain, disease or infirmity.

Section 324

Voluntarily causing hurt/grievous hurt by dangerous weapons or means.

Section 325

Voluntarily causing grievous hurt, whereby grievous hurt is defined as permanent privation of the sight of either eye or of the hearing of either ear, privation of any member/joint, destruction/permanent impairing of the powers of any member/joint, permanent disfiguration of the head/face, fracture/dislocation of a bone, emasculation, or any hurt which endangers life or which cause the sufferer to be, during the space of 20 days, in severely bodily pain, or unable to follow his ordinary pursuits.

Section 327

Voluntarily causing hurt/grievous hurt to a person for the purpose of extorting property or for constraining the sufferer to an illegal act.

Section 328

Causing hurt by means of poison with the intent to commit an offence.

Section 330

Voluntarily causing hurt for the purpose of extorting from the sufferer any confession or compelling the restoration of any property.

Section 336

Rash/negligent act which tends to endanger human life or the personal safety of others.

Section 339

Deals with crime of wrongful restraint, which is defined as voluntarily obstructing any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed.

Sections 340

Wrongful confinement, which is defined as restraining any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits.

Mental Disorder

Mental Disorders and Treatment Act
(Chap 178, Part 1) Section 9(1)

If the Court finds that the person is of unsound mind and incapable of managing himself and his affairs, the Court may appoint a committee/committees of the person and estate of such person to manage him and his affairs.

If the Court finds that the person is incapable of managing his affairs but can manage himself, the Court may only appoint a committee/committees of his estate.