Judiciary of Hong Kong
Encyclopedia
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
is responsible for the administration of justice in Hong Kong. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Hong Kong’s legal system
Legal system of Hong Kong
The law of Hong Kong is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Hong Kong Basic Law. Under the principle of ‘one country, two systems’, the legal framework of Hong Kong is based on the English common law,...
that members of the judiciary are independent of the executive and legislative branches of government. The courts of law in Hong Kong comprise the Court of Final Appeal, the High Court
High Court (Hong Kong)
The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :...
(which includes the Court of Appeal and the Court of First Instance
Court of First Instance
The General Court is a jurisdictional instance of the Court of Justice of the European Union. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance .-Competence:...
), the District Courts
District Court (Hong Kong)
The District Court is the lower court system in Hong Kong, having both criminal and civil jurisdictions. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road...
(which includes the Family Court and the Lands Tribunal
Lands Tribunal (Hong Kong)
The Lands Tribunal is a tribunal in Hong Kong that deals with legal disputes over land. It was established by the Lands Tribunal Ordinance .- Judges :...
), the Magistrates’ Courts
Magistrates' Court (Hong Kong)
Magistrates' courts in Hong Kong are presided over by 'Permanent' and 'Special' Magistrates. Permanent Magistrates are professionally qualified. They come from barristers or solicitors...
(which includes the Juvenile Court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
), the Coroner's Court, the Labour Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal. The Chief Justice of the Court of Final Appeal is head of the judiciary and assisted in his administrative duties by the Judiciary Administrator. A bilingual court system in which Chinese
Chinese language
The Chinese language is a language or language family consisting of varieties which are mutually intelligible to varying degrees. Originally the indigenous languages spoken by the Han Chinese in China, it forms one of the branches of Sino-Tibetan family of languages...
, English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
or both can be used was put in place, in accordance with the requirement of the Basic Law
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
.
The 14 September, 2008, Political and Economic Risk Consultancy (PERC
PERC
PERC may stand for:* Policy and Economic Research Council, a Durham, North Carolina-based economic policy think tank* Pan-European Regional Council the European trade union arm of the International Trade Union Confederation...
) survey reported Hong Kong and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
have the best judicial systems in Asia, with Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
and Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
the worst: Hong Kong's judicial system scored 1.45 on the scale (zero representing the best performance and 10 the worst); Singapore with a grade of 1.92, followed by Japan (3.50), South Korea (4.62), Republic of China on Taiwan (4.93), the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
(6.10), Malaysia (6.47), India (6.50), Thailand (7.00), People's Republic of China (7.25), Vietnam's (8.10) and Indonesia (8.26).
The Court of Final Appeal
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
as the highest appellate court of Hong Kong, The Court, when sitting, will comprise five judges— the Chief Justice, three permanent judges and one non-permanent judge from Hong Kong or another common law jurisdictions. There is a panel of eight non-permanent Hong Kong judges and nine non-permanent judges from other common law jurisdictions.
The Court of Appeal of the High Court
The Court of First Instance of the High Court
It has unlimited jurisdiction in both civil and criminal matters. It also exercises jurisdiction in admiralty, bankruptcy, company winding-up, family, adoption, probate and mental health matters. The most serious criminal offences, such as murder, manslaughter, rape, armed robbery, complex commercial frauds and drug offences involving large quantities, are tried by a judge of the Court of First Instance, sitting with a jury consisting of seven or, when a judge so orders, nine. There are twenty three Judges of the Court of First Instance at present.The District Court
The District Court, established in 1953, has limited jurisdiction in both civil and criminal matters. With effect from 1 December 2003, it has civil jurisdiction to hear monetary claims up to $1 million or, where the claims are for recovery of land, the annual rent or rateable value does not exceed $240,000. In its criminal jurisdiction, the court may try the more serious cases, with the main exceptions of murder, manslaughter and rape. The maximum term of imprisonment it may impose is seven years. There are one Chief District Judge and 30 District Judges, among which three District Judges sit in the Family Court and two District Judges sit in the Lands Tribunal as Presiding Officers.The Magistrates’ Courts
Magistrates exercise criminal jurisdiction over a wide range of offences. Although there is a general limit of two years imprisonment or a fine of $100,000, certain statutory provisions give Magistrates the power to sentence up to three years imprisonment and to impose a fine up to $5,000,000. Prosecution of all indictable offences commences in the Magistrates’ Courts, the Secretary for Justice may apply to have a case transferred to the District Court or committed to the Court of First Instance of the High Court depending on the seriousness of a case. There is a total of 73 Magistrates. They sit in various Tribunals and seven Magistrates’ Courts: Eastern, Kowloon City, Kwun Tong, Tsuen Wan, Sha Tin, Fanling and Tuen Mun. A Principal Magistrate is in charge of each Magistrates’ Courts. The Chief Magistrate is the overall in charge whose chamber is at the Kowloon City Law Courts Building. Appeals against Magistrates’ decisions are heard by a Judge of the Court of First Instance. There are also seven Special Magistrates. They deal with cases such as hawking contraventions, traffic offences and other departmental summonses.
The Coroner’s Court
Coroners are empowered to investigate unnatural or suspicious deaths occurring in Hong Kong (and deaths occurring outside Hong Kong if the body is found within Hong Kong). Except when death occurs while the individual is in custody, or the Secretary for Justice directs, the Coroner decides whether or not to hold an inquest with or without a jury. The inquest is mandatory with a jury where the death occur in custody. The main purpose of an inquest is to ascertain the cause of and the circumstances connected with the death. If appropriate, a Coroner or a jury may make recommendations designed to prevent the recurrence of the fatality under investigation.The Juvenile Court
The Juvenile Court has jurisdiction to hear charges against children (aged under 14) and young persons (aged between 14 and 16) for any offence other than homicide. Children under 10 are exempted from criminal responsibility. The Juvenile Court also has power to deal with care and protection cases involving young people aged up to 18. A juvenile magistrate will explain the alleged offence to the child or young person in simple language and assist him/her if need arises. Before passing sentence, the magistrate may consider pre-sentencing reports. Press coverage of the proceedings in a juvenile court is restricted to avoid disclosure of the identity of a defendant. The Juvenile Courts are situated at the Eastern, Kowloon City, Tsuen Wan, Fanling and Tuen Mun Magistrates’ Courts.The Lands Tribunal
One of the important functions of the Lands Tribunal is to adjudicate claims by landlords for possession of premises, the tenancies or sub-tenancies of which are under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). Starting from 9 July, 2004, the Tribunal also has power to adjudicate claims for possession of premises, the tenancies or sub-tenancies of which have expired by effluxion of time even when they are outside the said Ordinance. The Tribunal also has power to grant consequential relief. Another widely used jurisdiction of this Tribunal is to determine building management disputes. Such disputes arise from, among others, the interpretation and enforcement of the provisions of the Building Management Ordinance (Cap. 344) and deeds of mutual covenant, the appointment or dissolution of management committees, requisitions for owners’ meetings and appointment of building management agent. The Tribunal also has unlimited jurisdiction to determine the amount of compensation payable by the Government to a person whose land has been compulsorily resumed or has suffered a reduction in value because of public developments. The Tribunal can also order the sale of land for redevelopment purpose under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545). The Tribunal also exercises appellate jurisdiction over (i) determinations by the Commissioner of Rating and Valuation under the Rating Ordinance (Cap. 116); (ii) determinations by the Director of Lands under the Government Rent (Assessment and Collection) Ordinance (Cap. 515); and (iii) determinations by the Director of Housing under the Housing Ordinance (Cap. 283). In exercising its jurisdiction, the Tribunal has the same powers to grant remedies and relief, legal or equitable, as the Court of First Instance of the High Court. Parties may appoint counsel or solicitors to appear before the Tribunal or, as is often the case, they may appear in person. The tribunal has a President who is a Judge of the Court of First Instance. There are currently two Presiding Officers who are District Judges, and one member who is a surveyor.The Labour Tribunal
The Small Claims Tribunal
The Small Claims Tribunal was established in 1976. It deals with monetary claims arising from contract or tort, involving amounts not exceeding $50,000. Hearings are informal and usually conducted in Cantonese. Legal representation is not allowed. Parties may authorise a representative (other than a lawyer) to appear in court. Any party aggrieved by the decision of an Adjudicator may appeal on a point of law to the Court of First Instance. There are eight Adjudicators, including a Principal Adjudicator. The Small Claims Tribunal is situated at the Wan Chai Law Courts Building.The Obscene Articles Tribunal
The Control of Obscene and Indecent Articles Ordinance came into force in 1987 providing for the establishment of the Obscene Articles Tribunal. The work of this tribunal covers two main aspects. Firstly, it is responsible for the classification of articles submitted by any public officer, author, printer, manufacturer, publisher, distributor, copyright owner etc. Secondly, the tribunal has exclusive jurisdictionExclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
to determine the question of obscenity or indecency when this issue arises in any civil or criminal proceedings in any court. The Obscene Articles Tribunal consists of a Magistrate and two or more lay adjudicators. Lay adjudicators are selected from a panel consisting of members of the public. The tribunal is situated at the Eastern Law Courts Building.
Appointment of judges and judicial officers
Judges and judicial officers are appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. The Commission is an independent statutory body composed of the Secretary for Justice, judges, persons from the legal profession and eminent persons from other sectors. Judges and judicial officers are selected on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions.Assessment by the 2008 Political and Economic Risk Consultancy
The 14 September, 2008, Political and Economic Risk Consultancy survey reported Hong Kong and SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
have the best judicial systems in Asia, with Indonesia and Vietnam the worst: Hong Kong's judicial system scored 1.45 on the scale (zero representing the best performance and 10 the worst); Singapore with a grade of 1.92, followed by Japan (3.50), South Korea (4.62), Taiwan (4.93), the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
(6.10), Malaysia (6.47), India (6.50), Thailand (7.00), China (7.25), Vietnam's (8.10) and Indonesia (8.26).
Judiciary dress
Hong Kong judges wear British-style outfits, including wigs made of horsehair and scarlet-coloured robes.See also
- Law of Hong Kong
- Judiciary of England and WalesJudiciary of England and WalesThere are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally...
- Courts of England and WalesCourts of England and WalesHer Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
External links
- Official Hong Kong Judiciary website
- Hong Kong government agencies directory - includes courts and tribunals listed under own names
- Hong Kong Bar Association - Official site of the Hong Kong Bar Association for general information about barristers
- Law Society of Hong Kong - Official site of the Law Society of Hong Kong for general information about solicitors
- Historical Laws of Hong Kong Online - University of Hong Kong Libraries, Digital Initiatives