Court of First Instance | |
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Established | 1997 |
Location | 38 Queensway, Admiralty, Hong Kong |
Coordinates | 22°16′41.38″N114°9′47.23″E / 22.2781611°N 114.1631194°E Coordinates: 22°16′41.38″N114°9′47.23″E / 22.2781611°N 114.1631194°E |
Authorized by | Hong Kong Basic Law |
Appeals to | Court of Appeal |
Website | Official website |
Chief Judge of the High Court |
Court of First Instance | |||||||||||
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Traditional Chinese | 香港特別行政區高等法院原訟法庭 | ||||||||||
Simplified Chinese | 香港特别行政区高等法院原讼法庭 | ||||||||||
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The Court of First Instance is the lower court of the High Court of Hong Kong,the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong,it was renamed the Court of First Instance by the Basic Law [1] after the transfer of sovereignty over Hong Kong from the United Kingdom to China.
The Court of First Instance is the highest court in Hong Kong that can hear cases at first instance with unlimited jurisdiction in both civil and criminal matters. It hears predominantly civil cases but only relatively few criminal cases were heard at first instance,mostly involving the most serious crimes such as homicide offences,rape,serious drugs offences and major commercial frauds.
It is also an appellate court hearing appeals against decisions made by Masters as well as those of:
It is the only court in Hong Kong where cases are tried by a judge with a jury (although the inquisition in Coroner's court may involve a jury). The Basic Law [2] only maintains 'the trial by jury previously practised in Hong Kong' but it does not make jury trial an absolute right. In the case of Chiang Lily v Secretary for Justice, [3] the court confirmed that "there does not exist,in Hong Kong,any absolute right to trial by jury nor any mechanism by which a person to be tried of an indictable offence may elect to be so tried" (per Wright J.). A defendant will only face a jury trial if he is tried in the Court of First Instance,and the decision is the prerogative of the Secretary for Justice.
The Court of First Instance is bound by the ratio of previous decisions of higher courts (including the Court of Final Appeal and Court of Appeal of the High Court,as well as all Hong Kong cases previously decided by the Judicial Committee of the Privy Council) that have not been overruled.
A jury trial,or trial by jury,is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions,and go by different names in different jurisdictions. For example,it may be known as a county or magistrate's court. These courts can be found in Australia,Brazil,Canada,England and Wales,Hong Kong,Ireland,Israel,New Zealand,Philippines,Scotland,Singapore,South Africa,Nigeria and the United States.
The Hong Kong Court of Final Appeal 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 Basic Law of Hong Kong,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 courts of Scotland are responsible for administration of justice in Scotland,under statutory,common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland,who are the various judicial office holders responsible for issuing judgments,ensuring fair trials,and deciding on sentencing. The Court of Session is the supreme civil court of Scotland,subject to appeals to the Supreme Court of the United Kingdom,and the High Court of Justiciary is the supreme criminal court,which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The Department of Justice (DoJ),is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997,the names of the department and the position was the Legal Department (律政署) and Attorney General (律政司) respectively. The Department of Justice's main value is the rule of law. This law is the law that has brought Hong Kong the success of being known as the world's international financial centre. Their leading principle consists of the quote “One country,Two Systems”. The Department of Justice is very important in the legal system in many ways. One being that they give legal advice to other departments in the government system. “drafts government bills,makes prosecution decisions,and promotes the rule of law”. Its main goal is to ensure that Hong Kong's status as the main centre for legal services is enhanced and maintained.
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 transfer of sovereignty 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 courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland:they are constituted and governed by the law of Northern Ireland.
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort,apex court,and highcourt of appeal. Broadly speaking,the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts,hearing appeals from decisions of lower trial courts,or from intermediate-level appellate courts.
Fateh Muhammad v. Commissioner of Registration and Registration of Persons Tribunal was a 2001 case in the Court of Final Appeal,Hong Kong by a Pakistani migrant seeking the right of abode in Hong Kong. The case concerned provisions of the Immigration Ordinance requiring that a non-Chinese national's seven years of "ordinary residence" qualifying him to apply for permanent residence immediately precede his application. The unanimous opinion,written by Justice Kemal Bokhary,ruled that those provisions were not inconsistent with the Hong Kong Basic Law. The ruling in the case temporarily disqualified the appellant from applying for permanent residency,though he was expected to qualify again a few years later.
Johnson Lam Man-hon is a Permanent Judge of the Hong Kong Court of Final Appeal.
Cannabis in Hong Kong is illegal. The possession,sale,transportation,and cultivation of cannabis is prohibited under the Dangerous Drug Ordinance,which was put into effect at January 17,1969,during the British colonial period.
Teresa Cheng Yeuk-wah is a Hong Kong Senior Counsel,arbitrator and politician. She served as Secretary for Justice of Hong Kong from 2018 to 2022. She was also the chairperson of the Financial Dispute Resolution Centre,the Hong Kong International Arbitration Centre (HKIAC) and vice-president of the International Council of Commercial Arbitration (ICCA).
The Honourable Mr Justice Jeremy Poon Shiu-chor (潘兆初) is the Chief Judge of the High Court of Hong Kong and President of the Court of Appeal of Hong Kong.
Andrew Chan Hing-wai is a Hong Kong judge who hears and tries criminal cases. He has served as a Judge of the Court of First Instance of the High Court since August 2012.
Paul Lam Ting-kwok is a Hong Kong Senior Counsel who is the current Secretary for Justice.