44-549: 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 Immigration Department is a disciplined service under the Government of Hong Kong , responsible for immigration control of Hong Kong. After
88-559: 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
132-538: 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
176-735: 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,
220-428: 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
264-453: 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
308-510: A special arrangement, although Hong Kong's residents of Chinese descent are defined as citizens of the People's Republic of China, as stipulated by the Basic Law, Hong Kong's Immigration Department is responsible for issuing Hong Kong SAR passports for Hong Kong residents who are also PRC citizens seeking international travel. Prior to the 1950s, immigration to Hong Kong was not controlled by
352-631: 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
396-598: Is also tasked with preventing visits by prominent foreign human rights and democracy advocates, upon the direction of either the city or the mainland government. 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
440-597: 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
484-609: 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
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#1732783739588528-539: 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
572-615: The Ombudsman of Hong Kong announced that the Immigration Department was placed under investigation due to the rejection of the visa for the Hong Kong Free Press ' incoming editor. In November 2021, a journalist from The Economist was not granted a renewed visa. In June 2023, Yoshiaki Ogawa was denied entry upon landing into Hong Kong. In April 2024, a person from Reporters Without Borders (RSF)
616-616: The handover of Hong Kong to China in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau , another Special Administrative Region of China. In addition, visa-free entry acceptance regulations into Hong Kong for passport holders of some 170 countries remain unchanged before and after 1997. In
660-408: 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
704-401: 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
748-550: 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
792-507: 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
836-487: 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
880-673: 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
924-635: The Immigration Department to depart to continue sailing. It arrived in Kinmen to apply for the asylum , but was rejected by the ROC military , then was slaughtered on the Lieyu Island on March 7. The boat was burnt with evidence destroyed, and the Hong Kong government-issued documents were hidden to cover up, later the ROC Ministry of National Defense repeatedly denied on the journalists' reportages and
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#1732783739588968-620: 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
1012-703: 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
1056-527: The Registrar General civil registration duties and the Director of Immigration was appointed as Registrar of Births and Deaths, and Registrar of Marriages. In 1975 - 1980s, Hong Kong government received up to 200,000 Vietnamese refugees with impacts on the economy, security, society, and searched for solutions. In the early 1987, one of the accommodated refugee boats received the assistance of
1100-446: 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
1144-557: The St. Edward's Crown for the Bauhinia Flower crest post-1997. The ranks and insignia are listed below with their UK equivalences: In February 2024, the Immigration Department announced that all visa applicants would be subject to a national security risk test. In 2005, Ma Ying-jeou was denied a visa by the Immigration Department, despite being born in Hong Kong. In July 2020, TECO 's highest officer in Hong Kong, Kao Ming-tsun,
1188-556: 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
1232-665: The consent of those being searched. The department is headquartered in the Immigration Tower in Wan Chai North . The department performs the following roles: The incumbent Director of Immigration is Benson Kwok , who took office in September 2023. As with all of the HK Disciplined Services, British-pattern ranks and insignia continue to be utilised, the only change being the exchange of
1276-508: The department denied visas to dozens of Cathay Pacific pilots. In November 2022, the department withheld the visa of Tim Owen , the lawyer of choice for Jimmy Lai . In December 2022, the visa was rejected. In December 2022, freelance photographer Michiko Kiseki was not allowed into the city, after hosting an exhibition of photos from the 2019-20 Hong Kong protests . In August 2023 and earlier in January 2020, photographer Matthew Connors
1320-541: The government of Hong Kong and migrants freely entered Hong Kong. By the end of World War II , the influx of migrants from China to Hong Kong to flee Communist rule resulted in immigration control. From 1949 to 1961, registration of persons with identification was required under the Registration of Persons Ordinance 1949 and established a Commissioner of Registration . Until the establishment of Immigration Department on 4 August 1961, immigration control in Hong Kong
1364-529: 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
Immigration Department (Hong Kong) - Misplaced Pages Continue
1408-561: The parliament questioning, until being exposed by the publication of General Hau Pei-tsun 's diary in 2000, known as the Lieyu Massacre . Prior to the handover of Hong Kong in 1997, the Immigration Department was responsible for processing BN(O) passport applications, which is now handled by the government of the United Kingdom. In 2019, the department stopped allowing people to search birth or marital records without
1452-439: 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
1496-517: 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
1540-446: 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
1584-438: 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
1628-443: 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
1672-698: 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
1716-639: Was denied entry after landing in Hong Kong. In October 2023, professor He Xiao-qing, who studies the Tiananmen square massacre , was denied an extension of her visa. In January 2024, Hong Kong removed citizens of Eswatini from visa-free access into Hong Kong, and when asked if it was because of Eswatini's official ties to Taiwan, the Hong Kong government said "The Immigration Department reviews its visa policy from time to time and makes adjustments as necessary to uphold immigration control while facilitating travel convenience for genuine visitors." The department
1760-536: Was handled by the Hong Kong Police Force . The Immigration Service Ordinance 1961 created the new department in charge of immigration control. Later in 1977, the department enlarged its functions to cover registration of persons by amalgamating with the Registration of Persons Office and Director of Immigration also assumed as Commissioner of Registration. In 1979, the department took over from
1804-663: 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,
Immigration Department (Hong Kong) - Misplaced Pages Continue
1848-577: Was not granted a renewal of his work visa by the Hong Kong government because he refused to sign a statement supporting the "One China" principle. The Mainland Affairs Council of Taiwan mentioned that other government representatives in TECO had experienced major visa delays from the Hong Kong government as well. Since 2018, visas for some journalists have been declined by the Immigration Department, including New York Times journalist Chris Buckley and Hong Kong Free Press ' incoming editor. In March 2021,
1892-506: 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
1936-462: Was searched multiple times at the airport before being denied entry into Hong Kong. In August 2024, journalist Haze Fan was denied a visa to work in Hong Kong. In February 2020, Elizabeth Ward, Australia's new Consul-General to Hong Kong and Macau , was unable to take up her post due to visa delays, which was attributed to political tensions between Australia and China. In October, she was officially appointed. In September 2021, SCMP reported that
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