High Court
85-573: High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Drainage Services Department (DSD) is a department of the Hong Kong Government responsible for drainage and sewerage. Since 2007 it has been subordinate to
170-559: A barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a High Court Judge or Recorder . A person who has practised for at least 5 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as the Registrar or a Master. Full-time Judges and Recorders , as well as
255-538: A barrister or solicitor in Hong Kong. The remuneration of High Court Judges is determined by the Chief Executive on the recommendation of the independent Standing Committee on Judicial Salaries and Conditions of Service. As of 1 April 2017, a full-time Judge of the Court of First Instance receives a monthly salary of HK$ 292,650, while a Justice of Appeal receives a monthly salary of HK$ 307,050. The Chief Judge of
340-606: A breach of the Hong Kong Bill of Rights or inconsistency with the International Covenant on Civil and Political Rights as applied to Hong Kong is an issue. For the merits test, the Director must be satisfied that an applicant has reasonable grounds for bringing or defending the civil proceedings to which the application relates. A person aggrieved by a decision of the Director may appeal to the Registrar of
425-735: A case in a courtroom situated in the District Court building. This is similar to England , where the High Court sometimes sits outside London in County Courts which act as High Court District Registries. In the Jimmy Lai case, the prosecution asked the High Court for an adjournment from 1 December 2022 to 8 December 2022; the High Court added a few more days and adjourned it until 13 December 2022. On 13 December 2022,
510-428: A fixed term of a few years and sit for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. The recordership scheme was introduced in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It
595-501: A new department to help achieve this. The Drainage Services Department was established in 1989. The Harbour Area Treatment Scheme (HATS) is a major sewage treatment infrastructure improvement scheme designed to improve the water quality of Victoria Harbour . Originally called the Strategic Sewage Disposal Scheme, the plan was drawn up in 1989 and construction of HATS Stage 1 commenced in 1994. It comprises
680-453: A political party is acceptable). All High Court Judges (regardless of whether they are full-time Judges, Recorders or Deputy Judges on temporary appointment) are addressed in court as "My Lord" or "My Lady". In court judgments and decisions, Vice Presidents of the Court of Appeal are referred to as '[surname] VP' or '[surname] V-P' (or in the plural as '[surname] and [surname] V-PP'). Justices of Appeal are referred to as '[surname] JA' (or in
765-571: A ruling published in December 2013. The ruling drew on case law from across various common law jurisdictions and confirmed that the courts can interpret contracts using "commercial common sense", but cannot "construct" a contract to accommodate the profit or other expectations of any of the parties to the contract. Family law in Hong Kong is heavily modelled on its counterpart in England and Wales with important modifications. Hong Kong does not have
850-485: A statutory matrimonial property regime. There is no system of "community of property" and property rights are not in principle affected by marriage. Instead, the family courts have very broad discretion to make a range of financial orders upon a decree of divorce pursuant to the " Matrimonial Proceedings and Property Ordinance (Cap 192) ", namely for: periodical payments, secured periodical payments, lump sum payments, transfers or sale of property, settlement of property (into
935-594: A system of deep tunnels to convey sewage from eight Preliminary Treatment Works to the Stonecutters Island Sewage Treatment Works, which opened in 1997. The full Stage I system, which treats 75% of the sewage generated by the urban areas around the harbour, came online in December 2001. Construction of HATS Stage 2 commenced in 2008, and stage 2A was commissioned in 2015. HATS Stage 2B, comprising an underground biological treatment facility at Stonecutters Island, has been shelved as it
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#17328026102951020-555: A total of 1,200 tons of sludge. The vessels were built by Jinhui Shipbuilding of Zhongshan and commissioned in 2015. High Court of Hong Kong The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong . It consists of the Court of Appeal and the Court of First Instance ; it deals with criminal and civil cases which have risen beyond
1105-575: A trust), and variation of settlements. Similarly, there are powers to make orders for maintenance pending suit once divorce proceedings have begun. These are interim measures that will end once the final divorce decree is granted. In making final financial orders in favour of a spouse, courts are guided by four principles: (i) the objective of fairness, (ii) rejection of discrimination, (iii) the yardstick of equal division, and (iv) rejection of minute retrospective investigation (see " LKW v DD " [2010] HKCFA 70; [2010] 6 HKC 528). They are also required to consider
1190-920: A war situation, for a state of emergency to be declared. Hence, the laws in force are in hierarchical order are The Hong Kong Basic Law ; legislation in force before 1 July 1997 that was adopted as laws of the HKSAR by the Standing Committee of the National People's Congress ; laws enacted by the Legislative Council of Hong Kong after 1997; and PRC laws listed in Annex III to the Basic Law and applied by way of promulgation or legislation; common law and equity; subordinate legislation; customary law. Currently, twelve PRC laws apply in
1275-631: Is a statutory requirement that the Chief Executive appoint a serving or retired High Court Judge or Deputy High Court Judge to chair the Market Misconduct Tribunal (MMT) and the Securities and Futures Appeals Tribunal (SFAT). At present, Mr Justice Lunn (former Vice President of the Court of Appeal), Mr Justice Hartmann (former Justice of Appeal), Kenneth Kwok SC (former Recorder of the Court of First Instance) and Judge Tallentire (former Deputy High Court Judge) are Chairmen of
1360-523: Is currently considering references on privacy, guardianship and custody, domicile, privity of contract , advance directives , hearsay in criminal proceedings and conditional fees. In Hong Kong, the legal profession consists of both solicitors and barristers. As of 31 December 2015, there were at least 8,647 practising solicitors and 777 local law firms , plus some 77 foreign law firms, 1,299 registered foreign lawyers. And there were at least 1,378 practising barristers in 135 chambers. Even prior to
1445-597: Is embodied in the Unconscionable Contracts Ordinance (UCO), Cap 458. Section 6(1) lists a number of factors which may be relevant to a consideration of " unconscionability ". In a 2003 ruling on Shum Kit Ching v Caesar Beauty Centre Ltd. , HCSA 38/2002, it was held that, in determining whether a contract is unconscionable for the purposes of section 5 of the UCO, the court must have regard to "all circumstances" relevant to that issue, as well as
1530-488: Is felt that the existing facility is sufficient at this time. The department has built several significant bored tunnels designed to intercept water running down mountain slopes and divert it from urban areas in order to prevent flooding. The largest of these is the Hong Kong West Drainage Tunnel, comprising an 11-kilometre long main tunnel and 8 km of adits. It stretches from Tai Hang in
1615-1084: Is headed by the Secretary for Justice , who is a member of the Executive Council and is the Government's chief legal adviser. He has ultimate responsibility for the prosecution of all offences in the HKSAR. The Law Reform Commission considers and reports on such topics as may be referred to it by the Secretary for Justice or the Chief Justice of the Court of Final Appeal of the HKSAR. Its membership includes academics, practising lawyers and prominent community members. The commission has published reports covering subjects as diverse as commercial arbitration, data protection, divorce, sale of goods and supply of services, insolvency, fraud and statutory interpretation. The recommendations in many of its reports have been implemented, either in whole or in part. It
1700-545: Is known as the Welfare Principle (see section 3 of Cap 13). In determining the best interests of the child, the court will generally have regard to the Welfare Checklist, i.e. the ascertainable wishes and feelings of the child concerned (considered in the light of the child's age and understanding); the physical, emotional and educational needs of the child; the likely effect on the child of any change in
1785-594: Is provided by the Hong Kong Basic Law , which is a piece of National Law of the People's Republic of China and has, practically, constitutional status in Hong Kong. The principle of ‘ one country, two systems ’ was enshrined in Article 5 of the Basic Law until at least 2047, which contrasts the ‘socialist system and policies’ and ‘the previous capitalist system and way of life’. The Basic Law provides that
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#17328026102951870-490: Is responsible for administering and enforcing the Companies Ordinance and several other related ordinances. Its primary functions include the incorporation of local companies; the registration of oversea companies; the registration of documents required to be submitted by registered companies; the deregistration of defunct, solvent private companies; the prosecution of companies and their officers for breaches of
1955-642: Is responsible for drafting and settling government land disposal and lease modification documents. LACO is also responsible for the preparation of documentation relating to the acquisition of land from private owners pursuant to statutory powers and the payment of compensation to those owners. LACO administers the Lands Department Consent Scheme to approve applications by developers to sell flats in uncompleted developments. It also approves Deeds of Mutual Covenant requiring approval under land leases. LACO also provides conveyancing services to
2040-673: Is responsible for the recovery of arrears of government rents other than rents under the Government Rent (Assessment and Collection) Ordinance. The Intellectual Property Department ( 知識產權署 ) serves as the focal point for intellectual property policy, law and acquisition and public education on intellectual property protection. It provides expert policy advice to the Commerce, Industry and Technology Bureau and legal advice to other government departments on intellectual property. It comments on draft intellectual property bills. It operates
2125-597: The Chief Executive in consultation with the Chief Justice . The Electoral Affairs Commission must appoint a Judge of the Court of Final Appeal or a High Court Judge to act as returning officer for elections for the Chief Executive of Hong Kong . Similarly, it is a statutory requirement that the Chief Executive appoint a serving or retired High Court judge to be Commissioner on Interception of Communications and Surveillance (currently Mr Justice Suffiad). The Chief Executive also appoints three to six Judges of
2210-603: The Chinese Constitution , which authorized the establishment of Special Administrative Regions . The Basic Law sets out the status of Hong Kong as a Special Administrative Region of the PRC, the one country, two systems principle, the political structure of Hong Kong, and the rights of duties of Hong Kong residents. Administrative law in Hong Kong is heavily modelled on its counterpart in England and Wales , especially
2295-991: 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' Court (which include the Juvenile Court ), the Coroner's Court , the Labour Tribunal, the Small Claims Tribunal and the Obscene Articles Tribunal. The Department of Justice (DOJ) It consists of five professional divisions responsible for legal work. It
2380-598: The Development Bureau . The department is responsible for stormwater drainage, sewage collection and treatment , and flood prevention . Environmental protection was one of the main concerns of former governor David Wilson . Wilson stressed the importance of better planning, increased control of pollution discharges, and large-scale investment in improved sewage disposal infrastructure. He stated that Hong Kong needed more treatment facilities and new outfalls constructed sufficiently far out to sea, and promoted
2465-550: The Director of Public Prosecutions in the Department of Justice are subject to a 'sanitisation' period of 6 months upon appointment. During this period, the judge does not deal with any criminal trials or appeals or any civil cases involving the Government to maintain judicial independence and impartiality. Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as
2550-539: The English High Court , where important cases may be heard by a divisional court consisting of a three- or two-member bench. All judges of the Court of First Instance also serve as members of the Competition Tribunal. The President and Deputy President of the Competition Tribunal (currently Mr Justice Harris and Madam Justice Au-Yeung respectively) are appointed by the Chief Executive on
2635-619: The Financial Secretary Incorporated for the extension of non-renewable leases, the Government Property Agency for the sale and purchase of government properties and the Secretary for Home Affairs Incorporated for the purchase of accommodation for welfare purposes in private developments. It handles applications for the apportionment of premium and government rents under the Government Rent and Premium (Apportionment) Ordinance. In addition, it
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2720-543: The Magic Circle law firms as well as major U.S. law firms have large presences in Hong Kong. While foreign law firms face much less strict regulations than they would in the People's Republic of China due to the "one country, two systems" rule, they have seen increasing competition from local firms as PRC firms have become more sophisticated. According to Asia Law & Business, the top foreign Hong Kong law firm of 2007
2805-462: The People's Republic of China do not apply, except for a specific list in Annex III to the Basic Law, to which the Standing Committee of the National People's Congress can add or delete what it chooses. However, this may only be in the fields of "defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law". It also has a derogation, in
2890-616: The Postgraduate Certificate in Laws , required for starting work as a trainee solicitor or pupil barrister . The Director of Legal Aid is responsible for the administration of Home Affairs Bureau after 1 July 2007. Eligible persons are provided with legal representation depending on their financial circumstances. Legal aid is available for civil proceedings in the District Court, the Court of First Instance and
2975-595: The transfer of sovereignty over Hong Kong , Hong Kong's legal profession was open to foreign law firms allowing foreign firms to establish a much earlier foothold in Hong Kong than in the People's Republic of China. Only on 1 July 1992, in contrast, did the PRC government open her legal services market to foreign law firms when the Ministry of Justice issued the Provisional Regulation of Establishment of Offices by Foreign Law Firms regulation. Thus all of
3060-429: The " Matrimonial Proceedings and Property Ordinance (Cap 192) ". Additionally, the High Court's has broad powers under its inherent jurisdiction including wardship. In parental disputes, generally the courts are concerned with making orders for custody, care and control, and access. These orders are distinct from questions of financial responsibility for children (i.e. "maintenance"). Access is the right to have contact with
3145-502: The " one country, two systems " principle, under which Hong Kong's previous capitalist system and way of life, including the legal system, would remain unchanged for a period of 50 years until 2047. The Hong Kong Basic Law , which is a law passed by the Chinese National People's Congress , came into effect in 1997, becoming the constitutional document in Hong Kong. The law was passed in accordance with Article 31 of
3230-715: The Basic Law are unconstitutional and are of no effect. Hong Kong has a Bill of Rights Ordinance which is the local adaptation of the International Covenant of Civil and Political Rights . Laws have been passed to ensure the human rights protected in the Basic Law and the Bill of Rights, such as the Personal Data (Privacy) Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Sex Discrimination Ordinance and Race Discrimination Ordinance. The law in relation to unfair contract clauses
3315-540: The Court of Appeal (both part of the High Court), and the Court of Final Appeal. It also covers proceedings in some tribunals and certain Coroner's Court cases. An applicant must satisfy both a 'means test' and a 'merits test'. For the means test, a person whose total financial resources do not exceed $ 155,800 may be granted legal aid. The Director of Legal Aid may waive the upper financial limit in meritorious cases when
3400-408: The Court of First Instance (currently Mr Justice Fung , Mr Justice Bharwaney and Madam Justice Lisa Wong) on the recommendation of the Chief Justice to serve as panel judges handling interception and surveillance authorisation requests from law enforcement agencies. Further, it is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of
3485-401: The Court of First Instance may also hear cases in the Court of Appeal, including as a single Judge (for example, when determining applications for leave to appeal in criminal cases). Cases in the Court of First Instance are usually heard by a single Judge, though important cases may be heard by a bench consisting of more than one Judge, although this is very rare. This practice is similar to
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3570-555: The HKSAR. These national laws apply in Hong Kong by the Hong Kong legislature legislating on the same matter: for example, the Law of the People's Republic of China on the National Flag, a Chinese statute, takes effect in Hong Kong in form of the National Flag and National Emblem Ordinance, a local statute enacted by the local legislature. The Basic Law contains provisions that offer protection for human rights. Any laws that contravene
3655-728: The HKSAR. Using the name "Hong Kong, China", the HKSAR also participates on its own as a full member in international organisations and conferences not limited to states, e.g. the World Trade Organization , the World Customs Organization , the Asia-Pacific Economic Cooperation , etc. As part of the delegation of the People's Republic of China, representatives of the HKSAR Government participate in activities of
3740-781: The Hague Conference, as well as of other international organisations and conferences limited to states, such as the International Monetary Fund , the World Intellectual Property Organization and the International Civil Aviation Organization . 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 are
3825-550: The High Court (as at 9 August 2024) are (ranked according to the priority of their respective appointments; Senior Counsels indicated by an asterisk *): Chief Judge of the High Court Justices of Appeal of the Court of Appeal of the High Court Judges of the Court of First Instance of the High Court A Justice of Appeal may sit as an additional Judge of the Court of First Instance. A Judge of
3910-460: The High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. Law of Hong Kong District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The law of
3995-507: The High Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). Another retired Hong Kong Judge, Edward Woolley, who previously sat as a Deputy High Court Judge and High Court Master, also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. Recorders of the court of first instance of the high court are practitioners in private practice (in practice, Senior Counsel ) who are appointed for
4080-487: The High Court receives a monthly salary of HK$ 340,600. Further, full-time Judges are provided with housing in Judiciary Quarters or, alternatively, a housing allowance at HK$ 163,525 per month. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at a daily rate of HK$ 11,765. The retirement age of full-time High Court Judges is 70. However, the term of office can be extended further up to
4165-508: The High Court. Legal aid is available for committal proceedings in the Magistrates' Courts; cases tried in the District Court and the Court of First Instance of the High Court; and appeals from the Magistrates' Courts, and to the Court of Appeal of the High Court or the Court of Final Appeal. An applicant must satisfy the means test criteria which are the same as for civil cases. Notwithstanding that an applicant's financial resources exceed
4250-673: The Hong Kong Court of Appeal, he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011. As of 2019, three retired Hong Kong High Court Judges sit as Judges of the Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt and Mr Justice Lunn , who are Justices of Appeal); two retired Hong Kong High Court Judges sit as Judicial Commissioners of
4335-463: The Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory . There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong. Since the handover in 1997, the constitutional framework
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#17328026102954420-412: The Hong Kong Special Administrative Region. Article 8 stipulates that all laws in force before 1997, including the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region. Article 18 states, further, that national laws, from
4505-620: The Long-term Prison Sentences Review Board. At present, Mr Justice Pang Kin-kee and Mr Justice Wilson Chan are President and Deputy President respectively of the Long-term Prison Sentences Review Board. It is also a statutory requirement that the Chief Executive appoint a retired High Court Judge, District Judge or magistrate as Chairman of the Appeal Board on Public Meetings and Processions (currently Mr Justice Pang Kin-kee ). In addition, it
4590-547: The MMT and SFAT. The Chief Executive may appoint a High Court judge to lead a public inquiry. For example, Mr Justice Andrew Chan was appointed in 2015 as Chairman of the Inquiry into incidents of excess lead found in drinking water , and Mr Justice Lunn, JA was appointed in 2012 as Chairman of the Inquiry into the collision of vessels near Lamma Island . A number of serving and retired Hong Kong High Court Judges also sit as Supreme Court Judges in Brunei . For example, while Mr Justice Rogers served as Vice President of
4675-446: The Registrar and Masters, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC). Part-time Deputy Judges are appointed on a temporary basis by the Chief Justice . It is not uncommon for a person to sit as a Recorder or Deputy High Court Judge prior to appointment as a full-time High Court Judge. Newly-appointed High Court judges with previous service as
4760-439: The age of 75. The Chief Judge of the High Court is the Court Leader of the High Court and the President of the Court of Appeal. The Chief Judge is responsible for the administration of the High Court and is accountable to the Chief Justice , who is head of the Judiciary . The Chief Judge must be a Chinese citizen who is a Hong Kong permanent resident with no right of abode in any foreign country. The Judges who have held
4845-429: The child's circumstances; the child's age, sex, background and any characteristics of the child's which the court considers relevant; any harm the child has suffered or is at risk of suffering; how capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs; the range of powers available to the court in the proceedings in question; and
4930-402: The child, it may be unsupervised or supervised (i.e. where there are concerns about the impact of contact on the child); undefined (sometimes "reasonable" or "generous") or defined (i.e. at times specified in the order); staying (a.k.a. overnight) or "day-time". Care and control is the right to make day-to-day decisions about the child; it should not be confused with "shared care" and the notion of
5015-496: The common law system shall be maintained. Some commentators described the theoretically hybrid system of civil law and common law as unique, although there are similar arrangements all over the world. Other commentators point to the socialist law tradition instead of the civil law tradition. Primary legislation in Hong Kong are usually known as ‘Ordinances’, instead of ‘Acts’. The published, consolidated copies of Ordinances are given chapter numbers in Laws of Hong Kong and in
5100-438: The east to an outfall just north of Cyberport . It was built at a cost of HK$ 3.4 billion. Construction commenced in November 2007 and the tunnel was commissioned on 22 August 2012. The Lai Chi Kok Drainage Tunnel encircles Sham Shui Po and Lai Chi Kok . It is a 3.7-kilometre tunnel, stretching from Shek Kip Mei to an outfall near Stonecutters Island , built at a cost of $ 1.7 billion. Construction commenced in November 2008 and
5185-427: The estates of insolvent companies ordered to be wound up by the court under the winding-up provisions of the Companies Ordinance and of individuals or partners declared bankrupt by the court under the Bankruptcy Ordinance. The Land Registry ( 土地註冊處 ) administers the Land Registration Ordinance governing the system of land registration and provides facilities for search of the Land Register and related records by
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#17328026102955270-416: The factors listed in section 6(1). The Hong Kong Consumer Council has commented that this ruling leads the court "to tend to focus on the totality of the circumstances and conduct that give rise to unfairness in the bargaining process rather than the meaning and effect of the term alone". In this case, the beauty centre issued terms which stated the full cost of a treatment would be forfeited if an appointment
5355-399: The following non-exhaustive list of factors (see section 7(1) of the Matrimonial Proceedings and Property Ordinance (Cap 192). The family courts have broad jurisdiction to deal with the welfare of children under the provisions of the " Guardianship of Minors Ordinance (Cap 13) ", the " Separation and Maintenance Orders Ordinance (Cap 16) ", the " Matrimonial Causes Ordinance (Cap 179) " and
5440-418: The general principle that any delay is likely to prejudice the welfare of the child: see " H v N [2012] 5 HKLRD 498; [2012] HKCFI 1533 ". The jurisdiction of the family courts to deal with divorce, separation and nullity of marriage is set out in the " Separation and Maintenance Orders Ordinance (Cap 16) " and the " Matrimonial Causes Ordinance (Cap 179) ". The Companies Registry ( 公司註冊處 )
5525-429: The law of judicial review. This applies both to the procedure and grounds of judicial review, though there is some divergence in various areas. Some aspects of administrative law, for example administrative tribunals, were originally modelled on their counterparts in England and Wales but have not been systematically reformed for decades. The Hong Kong Basic Law contains the essentials of the constitutional framework in
5610-405: The lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction . It was named the Supreme Court before 1997 . Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication. A person who has practised for at least 10 years as
5695-418: The official online database. Some National Laws on foreign affairs and the national flag apply directly in Hong Kong by virtue of stipulations in Article 18 and Annex III of the Basic Law. The imposition of the National Law on Safeguarding National Security in the HKSAR has been authorized by a National People's Congress Decision which, in a practical sense, overrides the Basic Law. Hong Kong's legal system
5780-439: The plural as '[surname] and [surname] JJA'). Full-time Judges of the Court of First Instance are referred to as '[surname] J' (or in the plural as '[surname] and [surname] JJ'). Recorders are referred to as 'Mr/Madam/Mrs Recorder [surname]' (with the post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges are referred to either as 'Deputy Judge [surname]', 'Deputy High Court Judge [surname]' or 'DHCJ [surname]' (with
5865-458: The position of Chief Judge of the High Court of Hong Kong to date are: For pre-1997 Chief Justices, see: Chief Justice of the Supreme Court of Hong Kong Full-time High Court judges are given the prefix 'the Honourable' and referred to as 'Mr/Madam/Mrs Justice [surname]'. The Chief Judge of the High Court may be referred to in writing by adding the post-nominal 'CJHC'. Vice Presidents of the Court of Appeal may be referred to in writing by adding
5950-446: The position of Deputy High Court Judge was known as Commissioner . A Deputy High Court Judge may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. Judicial review cases are not listed before part-time Judges. In order to ensure judicial independence and impartiality, part-time Judges are not permitted to participate actively in political activities (although membership of
6035-438: The post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges were previously called Commissioners and were referred to as 'Mr/Madam/Mrs Commissioner [surname]' (with the post-nominal 'Q.C.' if they were Queen's Counsel ) in judgments before 1983. The High Court Building is located at 38 Queensway , Admiralty . The 20-storey building was built in 1985 as the home of the then Supreme Court of Hong Kong , which
6120-443: The post-nominal 'VP'. Justices of Appeal may be referred to in writing by adding the post-nominal "JA". In 1995, Mrs Justice Doreen Le Pichon was the first woman to be appointed as a High Court judge. She subsequently became the first woman to be appointed as a Justice of Appeal in 2000. In 2019, Madam Justice Susan Kwan was the first woman to be appointed as Vice President of the Court of Appeal. The current full-time judges of
6205-400: The primary caregiver. Custody is the right to make all important decisions affecting the child and it is generally awarded to one parent ("sole custody") or shared between both parents ("joint custody"): see " PD v KWW (Joint Custody, Care and Control) " [2010] 4 HKLRD 191; [2010] HKCA 172. The paramount consideration for the court is always the welfare (or "best interests") of the child; this
6290-646: The public and government departments. It has responsibility for the registration of owners corporations under the Building Management Ordinance. The Legal Advisory and Conveyancing Office (LACO, 法律諮詢及田土轉易處) is part of the Lands Department. It provides legal advice primarily to the Lands Administration Office of the Lands Department and other government departments on land related matters and ordinances. LACO
6375-698: The recommendation of the Judicial Officers Recommendation Commission. The President of the Lands Tribunal must be a High Court Judge (currently Madam Justice Lisa Wong) and is appointed by the Chief Executive . High Court judges also serve a number of other public service roles. It is a statutory requirement that the Electoral Affairs Commission be headed by a chairman who is a High Court judge (currently Mr Justice Lok) appointed by
6460-512: The registries of trade marks , patents and designs . It is also responsible for registration of copyright licensing bodies. Under the Basic Law, the HKSAR has a high degree of autonomy in external affairs. With the authority of the Central People's Government where necessary, it has concluded more than a hundred bilateral agreements with other jurisdictions. In addition, over 200 multilateral international conventions are applicable to
6545-411: The statutory limit, the Director of Legal Aid may grant legal aid to the applicant if the Director is satisfied that it is desirable in the interests of justice to do so. However, in appeal cases, the Director of Legal Aid must be satisfied that there are meritorious grounds for appeal with a reasonable prospect of success. Notwithstanding the refusal of a legal aid application by the Director of Legal Aid,
6630-630: The tunnel was commissioned on 18 October 2012. The Tsuen Wan Drainage Tunnel protects the Tsuen Wan New Town and Kwai Chung areas. The 5.1-kilometre tunnel begins at Wo Yi Hop, north of Kwai Chung, and curves around the north of Tsuen Wan proper. Past Chai Wan Kok , it parallels the Tuen Mun Highway a short distance and then empties into the Rambler Channel. Construction of the $ 1.5 billion tunnel commenced in 2007. It
6715-567: The various regulatory provisions of the Companies Ordinance; the provision of facilities to inspect and obtain company information; and advising the Government on policy and legislative issues regarding company law and related legislation, including the Overall Review of the Companies Ordinance. When appointed by the court and creditors, the Official Receiver ( 破產管理署 ) is responsible for the proper and orderly administration of
6800-558: Was Johnson Stokes & Master (now Mayer Brown JSM ) while the top PRC law firm was King & Wood PRC Lawyers . Chinese firms have seen rapid growth in Hong Kong in the past several years after reunification. The legal bodies governing the conduct of solicitors and barristers are the Law Society of Hong Kong and the Hong Kong Bar Association , respectively. There are currently three law schools offering
6885-647: Was cancelled. The court held that "loss" was limited to "loss of profit" and therefore the total treatment cost could not be treated as a genuine pre-estimate of loss. A review of the extent to which the courts in Hong Kong could consider the commercial purpose of the parties when interpreting a commercial contract was occasioned by the Hong Kong Court of Final Appeal 's consideration of the lower courts' rulings in Sinoearn International Ltd v Hyundai - CCECC Joint Venture (A Firm) , with
6970-521: Was commissioned on 28 March 2013. The department operates two sludge transport vessels, called Clean Harbour 1 and Clean Harbour 2. These ships transport sludge from the Stonecutters Island Sewage Treatment Works to the sludge treatment facility in Tuen Mun. The ships are equipped with gantry cranes capable of lifting sludge from the lorries directly into containers on board, and can lift 10 containers per hour. Each ship can carry 90 containers of sludge,
7055-787: Was developed under British governance, based on the English common law . Under British rule, the constitutional documents that governed Hong Kong were the Letters Patent and the Royal Instructions , and judicial cases were generally appealable to the Judicial Committee of the Privy Council in the UK. In the 1984 Sino-British Joint Declaration , the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997. Hong Kong would be governed by
7140-663: Was intended to act as a more formal system of appointment compared to the more ad hoc nature of appointment of Deputy High Court Judges. The current Recorders of the Court of First Instance of the High Court (as at 1 August 2024) are (ranked according to the priority of their respective appointments): The Chief Justice appoints on a temporary basis a number of serving full-time District Court Judges, retired High Court Judges and practitioners in private practice (in general, barristers who are Senior Counsel or solicitors who are senior partners with litigation experience) to sit as part-time Deputy High Court Judges. Before 1983,
7225-506: Was renamed in 1997. It was named the Supreme Court Building, and the road leading to its main entrance is still named Supreme Court Road . The High Court Building was designed by Architect K. M. Tseng. The structure is a white clad tower and has a water fountain outside its front door. Sometimes, the High Court may sit in another venue. For example, a serving District Judge sitting as a Deputy High Court Judge may hear
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