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 determine applications by landlords for possession of premises under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) or under the Common Law. In such applications, apart from making orders for possession, the Tribunal also has power to make orders for the payment of rent, mesne profits and any other money which is due under the tenancy, as well as for the disposal of any property left in the premises by the tenant.
Another frequently used jurisdiction of the Tribunal is to determine building management disputes, such as 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, convening owners' meeting and appointment of administrator.
The Tribunal also has 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. Majority owner of a property may also apply to the Tribunal for an order for the sale of the 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 they may appear in person.
The Tribunal consists of a President who is a Judge of the Court of First Instance, two Presiding Officers who are District Judges, and one member who is a surveyor.
The 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 eight Presiding Officers, including one Principal Presiding Officer. The tribunal is located at Pioneer Centre in Mong Kok.
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, with the leave of the court, persons very closely connected to the parties and fully familiar with the case to be their 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 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.
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 judges, persons from the legal profession and eminent persons from other sectors.
Judges and judicial officers are chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions.
| Published by the Information Services Department, Hong Kong Special Administrative Region Government GovHK Website: http://www.gov.hk Information contained in this publication may be freely used. No acknowledgement is necessary. |
Judiciary Home Page address: http://www.judiciary.gov.hk/ |
May 2007 |
