HONG KONG: THE FACTS
Judiciary
The Judiciary of the Hong Kong Special Administrative Region 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 that members of the Judiciary are independent of the executive and legislative branches of government.
The courts of justice in Hong Kong comprise the Court of Final Appeal, the High Court (which includes the Court of Appeal and the Court of First Instance), the District Court (which includes the Family Court), the Lands Tribunal, the Magistrates' Courts (which include the Juvenile Court), 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 either or both Chinese and English can be used was put in place, in accordance with the requirement of the Basic Law.
The Court of Final Appeal: It was established on July 1, 1997 upon the commencement of the Hong Kong Court of Final Appeal Ordinance. It replaced the 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 — usually the Chief Justice, three permanent judges and one non-permanent judge from Hong Kong or another common law jurisdiction. There is a panel of six non-permanent Hong Kong judges and 10 non-permanent judges from other common law jurisdictions.
The Court of Appeal of the High Court: It 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.
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. In its appellate jurisdiction, it hears appears from the Magistrates' Courts and certain Tribunals.
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 27 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 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 32 District Judges, among which three District Judges sit in the Family Court and two District Judges sit in the Lands Tribunal as Presiding Officer.
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 72 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 five 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 occurs 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
