Chief Justice of the Hong Kong Court of Final Appeal | |
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香港終審法院首席法官 | |
Style | The Honourable (尊貴的) (formal) |
Nominator | Chief Executive |
Appointer | Legislative Council |
Term length | Tenure until the age of 70 [lower-alpha 1] |
Constituting instrument | Hong Kong Basic Law |
Inaugural holder | Andrew Li |
Formation | 1 July 1997 |
Politics and government of Hong Kong |
Related topics Hong Kongportal |
Chief Justice of the Court of Final Appeal | |||||||||
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Traditional Chinese | 香港終審法院首席法官 | ||||||||
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The chief justice of the Hong Kong Court of Final Appeal,sometimes informally known as the chief justice of Hong Kong,is the head of the Judiciary of Hong Kong and the chief judge of the Court of Final Appeal. [1] The chief justice is one of three permanent members of the Court. [2] During British rule between 1843 and 1997,the head of the Hong Kong Judiciary was the chief justice of the Supreme Court of Hong Kong;that position became the chief judge of the High Court in 1997.
The first chief justice of the Hong Kong Court of Final Appeal was Andrew Li,who served for over 13 years.
The chief justice is the president of the Court of Final Appeal,and is charged with the administration of the Judiciary and often acts as its spokesperson. [1] He is assisted by the court leaders of the lower courts for judicial administration (such as dealing with staffing,promotions,or public complaints),namely the chief judge of the High Court,chief district judge,and the chief magistrate. In hearing and determining an appeal,the Court will consist of five judges,with the chief justice sitting at the middle of the bench. However,the chief justice enjoys no higher authority than other Permanent or Non-permanent Judges of the court when it comes to judicial decisions. [3]
The office of Chief Justice is second only to the chief executive of Hong Kong in the Hong Kong order of precedence. In the case of an impeachment of a chief executive of Hong Kong,the chief justice presides over the trial as provided by the Hong Kong Basic Law. The chief justice is also the chairman ex-officio of the Judicial Officers Recommendation Commission which makes recommendations to fill a variety of judicial roles,and also determines the elevation of junior barristers to senior counsel status.
All Chief Justice's,to date,have served for at least 10 years before retiring. Below is a list of all Chief Justice's sorted by length of tenure:
No. | Name | Total time in office (days) |
---|---|---|
1 | Andrew Li | 4,809 |
2 | Geoffrey Ma | 3,784 |
3 | Andrew Cheung | 1,370(incumbent,continuing) |
The chief justice resides at the Chief Justice's House,also known as the Clavadel,at 19 Gough Hill Road,The Peak. It was built in 1893. [4] The chief justice is also chauffeured in a government vehicle with the license plate "CJ".
Attached to the office of the chief justice is a Judiciary administrator,who assists the chief justice in the overall administration of the Judiciary. Being the head of the Judiciary Administration,she has to ensure that proper support is provided to judges and judicial officers in the administration of justice,and that court operation is being carried out effectively and smoothly.
# | Name | Term of office | Tenure length | Appointed by | |
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1 | Alice Tai Yuen-ying,GBS,JP | 1 July 1997 | 31 March 1999 | 1 year and 274 days | Andrew Li |
2 | Wilfred Tsui Chi-keung | 15 June 1999 | 14 June 2005 | 6 years and 0 days | |
3 | Emma Lau Yin-wah,JP | 15 June 2005 | 16 July 2020 | 15 years and 32 days | |
4 | Esther Leung Yuet-yin,JP | 20 July 2020 | Incumbent | 4 years and 85 days | Geoffrey Ma |
Andrew Li Kwok-nang is a retired Hong Kong judge, and a former Chief Justice of Hong Kong, who was the first to preside over the Hong Kong Court of Final Appeal, established on 1 July 1997. Li was succeeded by Geoffrey Ma on 1 September 2010.
Sir Noel Plunkett Power, was a senior judge in Hong Kong and Brunei Darussalam. He had been a barrister-at-law in his home-country Australia when he joined the judiciary of Hong Kong in 1965 as a magistrate in the Lands Tribunal. Since then, he had been successively promoted as President of the Lands Tribunal, a puisne judge of the Supreme Court and Vice-President of the Court of Appeal. In 1996, he became acting Chief Justice of the Supreme Court when Sir Ti-liang Yang resigned and contested for the first ever election of the Chief Executive. After the transfer of sovereignty over Hong Kong from Britain to People's Republic of China in 1997, he was appointed Vice-President of the Court of Appeal of the High Court. He retired from the High Court in 1999 but remained as a non-permanent judge of the Court of Final Appeal.
The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Hong Kong Basic Law, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The law of 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.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
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 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.
The Supreme Court of Hong Kong was the highest court in Hong Kong prior to the handover of Hong Kong from the United Kingdom to the People's Republic of China in 1997 and heard cases of first instance and appeals from the District and Magisrates Courts as well as certain tribunals. The Supreme Court was from 1976 made up of the High Court of Justice and the Court of Appeal.
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong. Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice.
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 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 Hong Kong order of precedence is a nominal and symbolic hierarchy of important positions within the Government of Hong Kong. Administered by the government's Protocol Division, the hierarchy does not determine the order of succession for the office of Chief Executive, which is instead specified by the Basic Law of Hong Kong.
A judicial commissioner is person appointed on a non-permanent basis to a judicial office. In some countries, such as Malaysia and Singapore, judicial commissioners have the powers of full judges. In other jurisdictions their powers are limited.
The chief justice of Hong Kong was, until 1997, the chief judge of the Court of Appeal of the Supreme Court of Hong Kong and the most senior judge in the court system.
Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List. It comprises two different aspects: firstly, judicial review of domestic ordinances as to their compatibility with the Basic Law ; secondly, judicial review of administrative decisions under administrative law.
Geoffrey Ma Tao-li is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal—the court of last resort in Hong Kong. Between 2001 and 2010, he held various positions in the High Court of Hong Kong, including Chief Judge, Justice of Appeal, and Judge of the Court of First Instance. Before his judicial career, he was a barrister-at-law in private practice at Temple Chambers, and was qualified to practice in England and Wales, Hong Kong, Australia and Singapore.
Andrew Cheung Kui-nung is a Hong Kong judge who serves as the 3rd Chief Justice of the Court of Final Appeal. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief Judge of the High Court.
Johnson Lam Man-hon is a Permanent Judge of the Hong Kong Court of Final Appeal.
The Chief Judge of the High Court of Hong Kong (CJHC) is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong. In the Hong Kong order of precedence, the Chief Judge is the second most senior administrative judge for the courts system, second only to the Chief Justice of the Court of Final Appeal of Hong Kong. The position of Chief Judge is the broad equivalent of the Master of the Rolls in the courts system of England and Wales.
The Judicial Officers Recommendation Commission is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive on judicial appointments and related matters established after the Handover in accordance with the Judicial Officers Recommendation Commission Ordinance. According to Article 88 of the Basic Law, the Chief Executive shall appoint judges on the recommendation of the Commission, suggesting that he or she is not empowered to make appointments on his or her own accord.
The Permanent Judges of the Court of Final Appeal are full-time judges sitting on Hong Kong's final appellate court, the Court of Final Appeal. They are called Permanent Judges because they are required to sit on every appeal committee and court case relating to the Court of Final Appeal, and to distinguish them from other part-time jurists who also sit on the top court, known as Non-Permanent Judges.