High Court
32-648: 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 In Hong Kong, the Disciplined Services consist of ICAC , Police Force , Fire Services , Correctional Services , Customs , Immigration , and Government Flying Service . The Independent Commission Against Corruption (ICAC) reports directly to
64-512: A court order. Chapter 1 [of the Statute of Marlborough 1267] provided that all persons "as well of high as of low estate" were to receive justice in the King's court. No individual was to be entitled to seek "revenge or distress of his own authority" against his neighbour for any damage or injury suffered without first obtaining an award from the court. Distress in this context was (and still is)
96-522: A debtor to pay what is owed to a creditor, but they cannot levy distress. Debt collectors are not allowed to pretend to be a bailiff. Debtors can also check the register of certificated bailiffs if they are unsure about whether a bailiff is certificated or not. Practices relating to distress or seizing goods are now referred to as " taking control of goods " and governed by the Taking Control of Goods Regulations 2013 ( SI 2013 /1894). Distraint
128-774: A general power of appointment to vacancies or on a temporary basis under sections 10 and 37A of the High Court Ordinance, Cap. 4, the Chief Justice frequently makes short-term appointments of District Court judges to sit in the High Court as a Deputy Judge or Master. All District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal . In practice, however, only certain District Judges are assigned to hear cases in
160-435: A summary remedy designed to secure performance of an obligation or settlement of an outstanding debt. First, it was the bedrock of the notion that all citizens, irrespective of rank, were entitled to seek civil justice through the king's court or courts. Secondly, it laid down a prohibition on individuals taking the law into their own hands and seeking remedies (revenge or distress) without the court's sanction. That prohibition
192-555: A verdict of not guilty was either a "stupid or perverse one." Judges would be required to give reasons for verdict would should be sufficient safeguard. 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 a Judge, Registrar or Master of the District Court. District Judges, as well as
224-459: Is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the distrainor ), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves
256-591: Is covered in the Domestic Violence, Crime and Victims Act 2004 . In the United Kingdom the proposals which have been implemented to reduce the area to post-warrant executions by registered court bailiffs (enforcement officers) gained serious traction in the late 20th century. In post-warrant execution and former civil distress concerns were regularly expressed that certain instances of distraint/distress violate human rights, such as Article 8 of
288-631: The Cantonese or English language. A District Court Judge sits alone without a jury. From its establishment in 1953 there have been no juries in the district court. The Attorney General at the time the District Court Ordinance was passed, Arthur Ridehalgh , explained to the Legislative Council that juries were "not infallible" and only a "means to an end" and that every practitioner will have come across cases where
320-633: The Chief Executive . Except in detention centres, most ICAC officers (including investigators) do not need to wear uniforms. Much of their work is classified. They treat the identity of the complainant in strict confidence (try to keep it confidential). After lodging a complaint to the ICAC, the complainant cannot disclose the identity of the subject person. Six regular forces report to the Security Bureau : Two auxiliary forces also report to
352-545: The Collector of Stamp Duty . The system is modelled after the English legal system , with indictable offences being taken up by the District Court if they are transferred from the magistrate's court . The District Court hears all serious cases except murder, manslaughter rape and dangerous drug cases where large quantities of drugs have been seized, and can impose a sentence of up to seven years. Cases are heard in either
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#1732791563386384-639: The Human Rights Act 1998 . It was thought that distraint would be abolished in the UK when section 71 of the Tribunals, Courts and Enforcement Act 2007 came into force, replacing it, solely for leases on commercial property , by a statutory system of commercial rent arrears recovery (CRAR). (The Tribunals, Courts and Enforcement Act 2007 received royal assent in July 2007 but no date for implementation
416-576: The Security Bureau . They are mainly staffed by volunteers trained in responding to emergency and operations. District Court (Hong Kong) The District Court is the intermediate court system in Hong Kong , having limited criminal and civil jurisdictions. The District Court was established in 1953 with the enactment of the District Court Ordinance. It is located in the Wanchai Law Courts, Wanchai Tower , 12 Harbour Road. In
448-551: The Taxes Management Act 1970 . This permits forced entry to the debtor's premises by the HMRC distraint officer. Any additional costs incurred from obtaining the warrant are passed onto the debtor and added to the debt to be collected by distraint. Also in the UK, forced entry is also permitted if the distress warrant is for amounts of a criminal nature, for instance court fines. The use of forced entry for these purposes
480-514: The District Court can deal with buildings or premises the annual rent or rateable value or the annual value of which does not exceed HK$ 320,000. If a claimant invokes the District Court's equity jurisdiction , the above limits are equally applicable, except that in proceedings wholly relating to land, the maximum value shall not exceed HK$ 7 million. Distraint claims are handled by the District Court. The District Court has exclusive jurisdiction to determine claims for compensation payable under
512-763: The Employees' Compensation Ordinance (Cap. 282), regardless of the amount. Such claims are governed by the Employees' Compensation (Rules of Court) Rules (Cap. 282B) and Practice Direction 18.2. The District Court has exclusive jurisdiction to deal with claims made under the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and
544-717: The European Convention on Human Rights , the right to respect for private life. The Lord Chancellor's Department (now the Ministry of Justice ) in May 2001 issued Enforcement Review Consultation Paper No. 5: Distress for Rent , which spurred the abolition of distraint for residential leases and reduced it to peaceable re-entry, that is closing down of commercial premises and no taking of goods, by authorised, registered bailiffs ("enforcement officers") in commercial property subject to safeguards – to ensure compliance with
576-517: The Lands Tribunal. All Judges of the District Court (regardless of whether Chief District Judge, Judges or Deputy Judges) are addressed in court as "Your Honour". In court judgments and decisions, District Judges are referred to as 'His/Her Honour Judge [surname]', 'HH Judge [surname]' or 'HHJ [surname]'. Deputy District Judges are referred to as 'Deputy District Judge [surname]' or 'DDJ [surname]'. Distraint Distraint or distress
608-565: The Lands Tribunal. The Chief Justice appoints on a temporary basis a number of Permanent Magistrates , retired judges and practitioners in private practice to sit as Deputy District Judges. A Deputy District Judge may exercise all the jurisdiction, powers and privileges of a District Judge. All Deputy District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal. In practice, however, only certain Deputy District Judges are assigned to hear cases in
640-754: The Race Discrimination Ordinance (Cap. 602). Such claims are governed by the District Court Equal Opportunities Rules (Cap. 336G) and Practice Direction SL8. The District Court has jurisdiction to handle claims by the Inland Revenue Department against defaulting taxpayers to recover outstanding tax due to the Government , regardless of the amount. The District Court also hears appeals from taxpayers against assessments by
672-491: The Registrar and Masters of the District Court, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC). Limited-term or vacancy-filling Deputy District Judges may be appointed by the Chief Justice . It is not uncommon for a person to sit as a short-term Deputy District Judge prior to appointment in a permanent capacity. In 1986, Judge Helen Lo
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#1732791563386704-567: The case of distraint by the federal government for collection of taxes, the power of administrative levy by distraint (distress) dates back to the year 1791, according to the U.S. Supreme Court. In Sweden , distraint ( utmätning ) is performed by the Swedish Enforcement Authority . Bank assets and similar are taken first, but if needed the Enforcement Authority can visit people's homes, assisted by
736-450: The claim is more than HK$ 3 million, the claim can still be pursued in the District Court (instead of the Court of First Instance of the High Court ) provided that the excess is abandoned. If the claim is HK$ 75,000 or less, an adverse costs order may be made against the winning plaintiff due to pursuing its claim in the wrong court. If the plaintiff's claim does not exceed HK$ 3 million, but
768-497: The defendant counterclaims for over HK$ 3 million, the claim and the counterclaim (or the counterclaim only) may be transferred to the Court of First Instance of the High Court . For good reasons, the District Court may continue to handle the whole case even when the counterclaim exceeds HK$ 3 million, but a report has to be made to the High Court, which may order that the case be transferred. As to claims for possession of land,
800-456: The legal power to levy assets (by either seizure or distraint) without a court order. Article 61 of Magna Carta extended the law of distraint to the monarch's properties, including "our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children". In England in 1267 the Statute of Marlborough was passed making distraint unlawful without
832-461: The past there were six district courts , namely Victoria , Kowloon , Fanling , Tsuen Wan , Tuen Mun and Sha Tin , before being amalgamated and moved to the same location in March 1991. The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over HK$ 75,000 but not more than HK$ 3 million. If
864-577: The seizure of goods ( chattels ) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain
896-417: The state, fixtures , goods delivered to the tenant or debtor for business purposes, the goods of a guest, perishable goods (e.g. food), livestock, gas, water, electricity, and tools of the tenant's trade. Forced entry is usually not permitted by the distraint officer, but in the UK, in the event of entry being refused to the HMRC distraint officer, HMRC can apply for a break open warrant under section 61(2) of
928-493: Was adopted into the United States common law from England, and it has recently been challenged as a possible violation of due process rights under the Fourteenth Amendment . In decisions like Luria Bros. and Co. v. Allen , 672 F.2d 347 (3d Cir. 1982), however, the courts have upheld the rule because, as a landlord's self-help remedy, distraint involves no state action and thus cannot violate due process rights. In
960-578: Was published. A commencement order in 2012 followed which brings into force sections 93 and 94 of the act (on 1 October 2012 and 17 May 2012 respectively), which amend the Charging Orders Act 1979 .) Bailiffs must provide evidence of their identification upon request by the debtor, as a well as sight of the warrant providing them with authority to enter. They must also legally give the debtor an enforcement notice seven days before they visit. In contrast, private sector debt collectors can chase
992-503: Was reinforced with criminal penalties. The goods are held for a given amount of time, and if the rent is not paid, they may be sold. The actual seizure of the goods may be carried out by the landlord, the landlord's agent, or an officer of the government, a bailiff or sheriff officer in the United Kingdom or a sheriff or marshal in the United States. Certain goods are protected against distraint; these are called "privileged goods". Such goods include, for example, goods belonging to
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1024-545: Was the first woman to be appointed as a District Judge. District judges are mandated to retire at age 65. The Chief District Judge is the Court Leader of the District Court. The Judges who have held the position of Chief District Judge to date are: District Judges are referred to as 'His/Her Honour Judge [surname]'. The Judges of the District Court as of 5 December 2022 are (ranked by seniority): Chief District Judge District Judges Pursuant to
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