High Court of Hong Kong

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High Court of the Hong Kong Special Administrative Region
香港特別行政區高等法院
Regional Emblem of Hong Kong.svg
High Court of Hong Kong
22°16′42″N114°09′48″E / 22.27833°N 114.16333°E / 22.27833; 114.16333
JurisdictionHong Kong
Location38 Queensway, Admiralty, Hong Kong Island,
Flag of Hong Kong.svg  Hong Kong, China
Coordinates 22°16′42″N114°09′48″E / 22.27833°N 114.16333°E / 22.27833; 114.16333
Authorized by Hong Kong Basic Law and High Court Ordinance
Appeals to Court of Final Appeal
Website Judiciary of Hong Kong
Chief Judge of the High Court
CurrentlyThe Honourable Mr Justice Jeremy Poon Shiu-chor, CJHC
High Court of Hong Kong
Traditional Chinese 香港特別行政區高等法院
Simplified Chinese 香港特别行政区高等法院
Transcriptions
Standard Mandarin
Hanyu Pinyin Xiānggǎng Tèbiéxíngzhèngqū Gāoděngfǎyuàn
Yue: Cantonese
Yale Romanization Hēung góng dahk biht hàhng jing kēui gōu dáng faat yún
Jyutping Hoeng1 gong2 dak6 bit6 hang4 zing3 koei1 gou1 dang2 faat3 jun2

The High Court of the Hong Kong Special Administrative Region [1] 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 [2] of unlimited civil and criminal jurisdiction. [3] [4] 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 [5] and has never been vested with the power of final adjudication.

Contents

Composition

Eligibility and appointment

A person who has practised for at least 10 years as 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. [6] [7] 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. [8]

Full-time Judges and Recorders, as well as the Registrar and Masters, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC). [9] [10]

Part-time Deputy Judges are appointed on a temporary basis by the Chief Justice. [11] [12]

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 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. [13] [14]

Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as a barrister or solicitor in Hong Kong. [15]

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 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. [15] 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 the age of 75. [16]

Chief Judge of the High Court

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. [17]

The Judges who have held the position of Chief Judge of the High Court of Hong Kong to date are:

  1. Patrick Chan Siu-oi (1997–2000)
  2. Arthur Leong Siu-chung (2000–2003)
  3. Geoffrey Ma Tao-li (2003–2010)
  4. Andrew Cheung Kui-nung (2011–2018)
  5. Jeremy Poon Shiu-chor (2019–present)

For pre-1997 Chief Justices, see: Chief Justice of the Supreme Court of Hong Kong

Full-time judges

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 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. [18] She subsequently became the first woman to be appointed as a Justice of Appeal in 2000. [19] [20] In 2019, Madam Justice Susan Kwan was the first woman to be appointed as Vice President of the Court of Appeal. [21]

The current full-time judges of the High Court (as at 9 August 2024) are (ranked according to the priority of their respective appointments; Senior Counsels indicated by an asterisk *): [22] [23]

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. [24] [Note 1] A Judge of the Court of First Instance may also hear cases in the Court of Appeal, [25] including as a single Judge (for example, when determining applications for leave to appeal in criminal cases). [26]

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. [27] [Note 2] This practice is similar to 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. [28] 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 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) [29] and is appointed by the Chief Executive. [30]

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) [31] appointed by the Chief Executive in consultation with the Chief Justice. [32] 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. [33] 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). [34] [35] The Chief Executive also appoints three to six Judges of the Court of First Instance (currently Mr Justice Fung, Mr Justice Bharwaney and Madam Justice Lisa Wong) [36] on the recommendation of the Chief Justice to serve as panel judges handling interception and surveillance authorisation requests from law enforcement agencies. [37] Further, it is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of the Long-term Prison Sentences Review Board. [38] 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. [39] 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). [40] [41] In addition, it 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). [42] 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 the MMT and SFAT. [43]

The Chief Executive may appoint a High Court judge to lead a public inquiry. [44] For example, Mr Justice Andrew Chan was appointed in 2015 as Chairman of the Inquiry into incidents of excess lead found in drinking water, [45] and Mr Justice Lunn, JA was appointed in 2012 as Chairman of the Inquiry into the collision of vessels near Lamma Island. [46]

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 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. [47] [48] 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); [49] [50] two retired Hong Kong High Court Judges sit as Judicial Commissioners of the High Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). [51] Another retired Hong Kong Judge, Edward Woolley, who previously sat as a Deputy High Court Judge and High Court Master, [52] [53] also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. [54]

Recorders

Recorders of the court of first instance of the high court are practitioners in private practice (in practice, Senior Counsel) who are appointed for 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. [55]

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 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. [56]

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): [22] [23]

  1. Mr Eugene Fung Ting-sek, SC of Temple Chambers
  2. Mr Martin Hui Siu-ting, SC of Plowman Chambers
  3. Ms Sit Yat-wah, SC of Temple Chambers
  4. Ms Rachel Lam Yan-kay, SC of Des Voeux Chambers
  5. Mr Wong Ming-fung, SC of Des Voeux Chambers
  6. Mr Victor Dawes, SC of Temple Chambers
  7. Mr Richard Khaw Wei-kiang, SC of Temple Chambers
  8. Mr José-Antonio Maurellet, SC of Des Voeux Chambers
  9. Mr Abraham Chan Lok-shung, SC of Temple Chambers
  10. Mr Pao Jin-long, SC of Temple Chambers
  11. Ms Maggie Wong Pui-kei, SC of Plowman Chambers
  12. Mr Derek Chan Ching-lung, SC of Plowman Chambers
  13. Mr Jenkin Suen, SC of Des Voeux Chambers

Part-time Deputy Judges

The Chief Justice appoints on a temporary basis a number of serving full-time District Court Judges, retired High Court Judges [Note 3] 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. [11] [12] [57] Before 1983, the position of Deputy High Court Judge was known as Commissioner. [58]

A Deputy High Court Judge may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. [59]

Judicial review cases are not listed before part-time Judges. [Note 4] [60]

In order to ensure judicial independence and impartiality, part-time Judges are not permitted to participate actively in political activities (although membership of a political party is acceptable). [60]

Forms of address

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 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 the post-nominal 'SC' if they are Senior Counsel). [Note 5] 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. [58]

High Court Building

Entrance of the High Court in Admiralty High Court Building Drop off area 2017.jpg
Entrance of the High Court in Admiralty
High Court Building facade viewed from Queensway in Admiralty HK HighCourt.JPG
High Court Building façade viewed from Queensway in Admiralty

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 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. [61] For example, a serving District Judge sitting as a Deputy High Court Judge may hear 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.

Cases

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. [62] On 13 December 2022, the High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. [63]

See also

Notes

  1. ↑ For example, Mr Justice Macrae, JA sat as an additional Judge of the Court of First Instance in HKSAR v Rafael Hui, HCCC98/2013
  2. ↑ For example, Z v Director of Legal Aid, HCAL5/2011, reported at [2011] 4 HKLRD 362, was heard before Mr Justice Reyes and Mr Justice Wright. Kissel v The Long-term Prison Sentences Review Board, HCAL137/2016, reported at [2018] 2 HKLRD 1270, and A v Chief Executive of HKSAR, HCAL33/2010, reported at [2013] 4 HKLRD 404, were heard before Mr Justice Au and Mr Justice Andrew Chan.
  3. ↑ Including retired English High Court Judges, such as Sir Richard Field who sat as a Deputy High Court Judge in Hong Kong and decided cases including Diyixian.com Limited v G'Five International Limited, HCA229/2013, reported at [2016] 5 HKLRD 495.
  4. ↑ This restriction does not apply to serving District Judges sitting as Deputy High Court Judges. For example, Her Honour Judge Amanda Woodcock has decided a number of judicial review cases (such as Hameed Bilal v Torture Claims Appeal Board, HCAL174/2017), while Judge Kent Yee decided the habeas corpus case of Mohammad Aslam Qureshi v Director of Immigration, HCAL75/2015. Nor does this restriction apply to retired High Court Judges. For example, Sir Brian Keith (sitting as a Deputy High Court Judge) decided Building Authority v Appeal Tribunal (Buildings), HCAL183/2015, reported at [2016] 1 HKLRD 1381. Previously, practitioners in private practice sitting as a Deputy High Court Judge could decide judicial review cases. For example, Robert Kotewall QC decided Chan Lau Fong & Others v Attorney General, HCMP3232/1990.
  5. ↑ Queen's Counsel sitting as a Deputy High Court Judge may be referred to with the post-nominal 'QC' (including after the resumption of the exercise of sovereignty on 1 July 1997). For example, following retirement from the bench, when Mr Justice Stone sat as a Deputy High Court Judge, he was referred to as Deputy High Court Judge William Stone QC (see 廈門新景地集團有限公司 v Eton Properties Limited and Others, HCCL13/2011; on appeal in CACV158/2012, reported at [2016] 2 HKLRD 1106).

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References

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  2. ↑ "High Court Ordinance (Cap. 4), Section 12(1)". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  3. ↑ "High Court Ordinance (Cap. 4), Section 3(2)". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  4. ↑ Lee Kwok Tung Albert v Chiyu Banking Corporation Limited, CACV180/2017, reported at [2018] 2 HKLRD 273, at para. 4.15
  5. ↑ formerly the Supreme Court of England and Wales, renamed by the "Constitutional Reform Act 2005 (c. 4) s 59(1)". legislation.gov.uk. Archived from the original on 31 December 2014. Retrieved 24 January 2015.
  6. ↑ "High Court Ordinance (Cap. 4), Section 9". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  7. ↑ Hong Kong Basic Law, Article 92
  8. ↑ "High Court Ordinance (Cap. 4), Section 37AA". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  9. ↑ Hong Kong Basic Law, Articles 48(6) and 88
  10. ↑ Judicial Officers Recommendation Commission Ordinance (Cap. 92)
  11. 1 2 "High Court Ordinance (Cap. 4), Section 10". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  12. 1 2 陳祺豐 v 林鄭月娥女士 (香港特別行政區行政長官), HCAL1758/2019
  13. ↑ Buddle, Cliff (29 November 1997). "Former DPP among new judges". South China Morning Post . Archived from the original on 3 December 2017. Retrieved 3 December 2017.
  14. ↑ See the press releases announcing the judicial appointments of former DPPs Ian McWalters SC ( Archived 2 December 2017 at the Wayback Machine ) and Kevin Zervos SC ( Archived 15 June 2018 at the Wayback Machine )
  15. 1 2 Report on Judicial Remuneration Review 2018 (PDF) (Report). Standing Committee on Judicial Salaries and Conditions of Service. 20 July 2018. Archived (PDF) from the original on 19 August 2019. Retrieved 19 August 2019.
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  17. ↑ Hong Kong Basic Law, Article 90
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  53. ↑ "G.N. 7630" Archived 22 February 2020 at the Wayback Machine , Hong Kong Government Gazette (No. 48, Vol. 6, 29 November 2002)
  54. ↑ "His Majesty the Sultan and Yang Di-Pertuan Negara Brunei Darussalam consented to preside over the Swearing-In Ceremony for the Judicial Commissioner of the Supreme Court". State Judiciary Department, Brunei Darussalam. 7 September 2019. Archived from the original on 16 September 2021. Retrieved 22 February 2020.
  55. ↑ "High Court Ordinance (Cap. 4), Section 6A(3)". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  56. ↑ http://www.legco.gov.hk/yr93-94/english/lc_sitg/hansard/h940706.pdf Archived 14 October 2019 at the Wayback Machine [ bare URL PDF ]
  57. ↑ http://www.legco.gov.hk/yr05-06/english/panels/ajls/papers/aj0724cb2-2794-2e.pdf Archived 13 January 2018 at the Wayback Machine [ bare URL PDF ]
  58. 1 2 For example, Ko So Yee v Chan Sion Chun & Others, HCA9666/1982
  59. ↑ "High Court Ordinance (Cap. 4), Section 10(2)". Archived from the original on 10 August 2022. Retrieved 2 December 2017.
  60. 1 2 "Hong Kong Judiciary: Guideline in relation to part-time Judges and participation in political activities" (PDF). Archived (PDF) from the original on 19 August 2019. Retrieved 19 August 2019.
  61. ↑ "Rules of the High Court (Cap. 4A), Order 33, rule 1". Archived from the original on 29 September 2018. Retrieved 22 July 2018.
  62. ↑ "Jimmy Lai case adjourned pending Beijing decision - RTHK". news.rthk.hk. Retrieved 1 December 2022.
  63. ↑ Chau, Candice (13 December 2022). "National security trial against media tycoon Jimmy Lai adjourned until September 2023". Hong Kong Free Press HKFP. Retrieved 13 December 2022.
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