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The Court System in Hong Kong Hong Kong
Court of Final Appeal
This Court was established on July 1, 1997 upon the commencement
of the Hong Kong Court of Final Appeal Ordinance. It replaced
the Supreme Court of Hong Kong and Judicial Committee of the
Privy Council in London as the highest appellate court in Hong
Kong, to safeguard the rule of law after June 30, 1997. 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 jurisdiction. There is a panel
of eight non-permanent Hong Kong judges and nine non-permanent
judges from other common law jurisdictions.
Hong Kong Court of Appeal of the High Court
This court hears appeals on civil and criminal matters from the
Court of First Instance and the District Court, as well as
appeals from the Lands Tribunal. It also makes rulings on
questions of law referred to it by the lower courts. There are
10 Justices of Appeal, including the Chief Judge.
Hong Kong Court of First Instance of the High Court
This court 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
23 Judges of the Court of First Instance at present.
District Court
The District Court was established in 1953 and has limited
jurisdiction in both civil and criminal matters. With effect
from December 1, 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.
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.
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.
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.
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.
Labour Tribunal
The Labour Tribunal was set up in 1973 to provide a quick,
inexpensive and informal procedure for adjudicating disputes
between employees and employers. It deals with claims arising
out of a breach of a contract of employment. Claims may include
wages in lieu of notice, arrears of wages, statutory holiday
pay, annual leave pay, sickness allowance, maternity leave pay,
bonus/double pay, severance pay, and long service payments.
Claimants can also seek orders for reinstatement or
re-engagement; for awards of compensation or terminal payments.
Proceedings are mostly conducted in Cantonese before a Presiding
Officer. Legal representation is not allowed. Any party
aggrieved may appeal on a point of law to the Court of First
Instance. There are 10 Presiding Officers, including one
Principal Presiding Officer. The tribunal is located at Pioneer
Centre in Mong Kok and Eastern Law Courts Building.
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.
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 jurisdiction 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. |
