Magistrates' court (Hong Kong)

Last updated

Magistrates' courts
Kwun Tong Magistracy 1.jpg
Kwun Tong Magistrates' Court
LocationHong Kong
Authorized by Hong Kong Basic Law, Magistrates Ordinance (Cap. 227)
Appeals to Court of First Instance of the High Court; further appeal to the Court of Final Appeal in limited circumstance
Website Official website
Chief Magistrate
CurrentlyMr Victor SO Wai-tak
Magistrates' court
Chinese 香港裁判法院

Magistrates' courts in Hong Kong have criminal jurisdiction over a wide range of offenses, and in general these offenses must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the District Court or the Court of First Instance depending on the seriousness of the crime. [1]

Contents

All judges and magistrates must have qualified as legal practitioners either in Hong Kong or in another common law jurisdiction and have had substantial professional experience.

Court structure

Chief Magistrate

The Chief Magistrate is the court leader and is responsible for the overall administration of the magistrates' courts.

Principal magistrate

A principal magistrate is in charge of one of the seven magistrates' courts.

Permanent magistrate

A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts.

The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court [2] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal. [3] [4] [5] The Chief Justice also appoints a number of permanent magistrates to sit as Presiding Officers in the Labour Tribunal and Adjudicators in the Small Claims Tribunal. [6] [7]

Special magistrate

A special magistrate is also a full-time magistrate, but is assigned to deal with various kinds of departmental summons including minor offenses such as traffic contraventions. Their sentencing power is limited to a maximum fine of HK$50,000 or as specified in their warrants of appointment.

Deputy magistrate / deputy special magistrate

A deputy magistrate or deputy special magistrate is assigned by the Chief Justice for such period and on such terms as the chief justice thinks fit. This makes additional manpower available to the magistrates' courts while also giving eligible persons experience on the bench, before the magistrate commits to a full-time posting or returns to private practice.

List of magistrates

Chief Magistrate

Principal magistrates

Permanent magistrates

The current permanent magistrates (as at 1 January 2023) are (ranked according to seniority):

Eligibility and retirement

Since 2019, the retirement age for magistrates is 65. [91]

List of chief magistrates since 1997

No.NameTenure startTenure endTenure lengthReason for tenure endLater most senior judicial role
1Louis Tong Po-sun2 March 19982 October 20002 years and 215 daysAppointed Judge of the Court of First Instance Same (retired)
2Patrick Li Hon-leung3 October 20001 February 20076 years and 122 daysAppointed District Court Judge Judge of the Court of First Instance (retired)
3Tong Man2 July 200815 September 20136 years and 122 daysRetiredNone (retired)
4Clement Lee Hing-nin11 March 20142 January 20183 years and 298 daysAppointed District Court Judge Same
5Victor So Wai-tak6 January 2020Incumbent4 years and 204 days

See also

Notes

  1. ↑ Previously sat as District Court Registrar, [8] a Deputy District Judge and Presiding Officer of the Lands Tribunal. [9]
  2. ↑ Sitting as a Deputy District Judge until 9 June 2023. [10] Previously sat as a Coroner. [11]
  3. ↑ Previously sat as a Deputy District Judge [12]
  4. ↑ Previously sat as a Deputy District Judge [13]
  5. ↑ Sitting as a District Court Master until 30 June 2023. [14] Previously sat as a Deputy District Judge. [15]
  6. ↑ Previously sat as a High Court Master [16] and as a Deputy District Judge. [17]
  7. ↑ Previously sat as a Deputy District Judge [18]
  8. ↑ Sitting as a Deputy District Judge until 30 June 2023. [19] Previously sat as a Coroner. [20]
  9. ↑ Sitting as a Deputy District Judge in the Family Court until 11 August 2023 [21]
  10. ↑ Sitting as a Deputy District Judge until 12 May 2023. [22] Previously sat as Principal Adjudicator (Acting) of the Small Claims Tribunal. [23]
  11. ↑ Previously sat as a Deputy District Judge [24]
  12. ↑ Previously sat as a Deputy District Judge [25]
  13. ↑ Previously sat as a Deputy District Judge in the Family Court [26]
  14. ↑ Sitting as a Deputy District Judge until 3 February 2023 [27]
  15. ↑ Sitting as a Deputy District Judge until 4 March 2023 [28]
  16. ↑ Sitting as a Deputy District Judge until 30 June 2023 [29]
  17. ↑ Previously sat as a Deputy District Judge [30]
  18. ↑ Sitting as Deputy District Judge until 1 September 2023. [31] Previously sat as Principal Presiding Officer (Acting) of the Labour Tribunal and as a Deputy District Judge in the Family Court. [32]
  19. ↑ Sitting as a Labour Tribunal Presiding Officer. [33] Previously sat as a Deputy District Judge. [34]
  20. ↑ Previously sat as a Deputy District Judge [35]
  21. ↑ Sitting as a Deputy District Judge in the Family Court until 13 May 2023. [36] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal [37] and as a District Court Master. [38]
  22. ↑ Sitting as a Deputy District Judge until 9 June 2023. [39] Previously sat as a District Court Master. [40]
  23. ↑ Previously sat as a Deputy District Judge [41]
  24. ↑ Sitting as a High Court Master until 20 March 2023. [42] Previously sat as a Deputy District Judge in the Family Court. [43]
  25. ↑ Previously sat as a District Court Master [44]
  26. ↑ Sitting as a Deputy District Judge and Presiding Officer of the Lands Tribunal until 5 May 2023. [45] Previously sat as a High Court Master [46] and as a District Court Master. [47]
  27. ↑ Previously sat as a Deputy District Judge in the Family Court [48] and as a Coroner. [49]
  28. ↑ Sitting as a District Court Master until 17 March 2023. [50] Previously sat as a Small Claims Tribunal Adjudicator [51]
  29. ↑ Sitting as a High Court Master until 16 July 2023. [52] Previously sat as Principal Presiding Officer of the Labour Tribunal [53] and as a Deputy District Judge. [54]
  30. ↑ Previously sat as a Deputy District Judge [55]
  31. ↑ Previously sat as a Deputy District Judge [56]
  32. ↑ Sitting as a High Court Master until 15 May 2023. [57] Previously sat as a Deputy District Judge in the Family Court [58] and as a District Court Master. [59]
  33. ↑ Sitting as a Deputy District Judge in the Family Court until 15 September 2023. [60] Previously sat as a District Court Master. [61]
  34. ↑ Sitting as a Coroner. [62] Previously sat as a High Court Master [63] and a Deputy District Judge. [64]
  35. ↑ Sitting as District Court Registrar until 12 May 2023. [65] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal. [66]
  36. ↑ Sitting as a Deputy District Judge until 31 March 2023 [67]
  37. ↑ Sitting as a Deputy District Judge until 30 June 2023. [68] Previously sat as a Coroner. [69]
  38. ↑ Sitting as a Deputy District Judge until 2 June 2023. [70] Previously sat as a District Court Master. [71]
  39. ↑ Previously sat as a Deputy District Judge [72]
  40. ↑ Sitting as Deputy District Judge until 8 September 2023. [73]
  41. ↑ Sitting as a High Court Master until 27 September 2023. [74]
  42. ↑ Sitting as a Deputy District Judge until 30 June 2023. [75] Previously sat as a District Court Master. [76]
  43. ↑ Sitting as a High Court Master until 30 November 2023. [77] Previously sat as a District Court Master. [78]
  44. ↑ Sitting as a Coroner [79]
  45. ↑ Sitting as a District Court Master until 22 September 2023. [80] Previously sat as a Small Claims Tribunal Adjudicator. [81]
  46. ↑ Sitting as a District Court Master until 22 April 2023 [82]
  47. ↑ Sitting as a District Court Master until 2 June 2023. [83] Previously sat as a Labour Tribunal Presiding Officer. [84]
  48. ↑ Sitting as a Labour Tribunal Presiding Officer [85]
  49. ↑ Sitting as a District Court Master until 9 June 2023. [86] Previously sat as a Small Claims Tribunal Adjudicator. [87]
  50. ↑ Sitting as a Small Claims Tribunal Adjudicator [88]
  51. ↑ Sitting as a District Court Master until 28 April 2023. [89] Previously sat as a Labour Tribunal Presiding Officer. [90]

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References

  1. ↑ "Hong Kong Judiciary Annual Report 2004" (PDF). Hong Kong Judiciary. Retrieved 17 June 2020.
  2. ↑ High Court Ordinance (Cap. 4), sections 37AB, 37AC, 37A and 37B
  3. ↑ District Court Ordinance (Cap. 336), sections 7, 14AB, 14A and 14B
  4. ↑ Lands Tribunal Ordinance (Cap. 17), section 4(2)
  5. ↑ 陳祺豐 v 林鄭月娥女士 (香港特別行政區行政長官), HCAL1758/2019
  6. ↑ Labour Tribunal Ordinance (Cap. 25), section 4
  7. ↑ Small Claims Tribunal Ordinance (Cap. 338), section 4
  8. ↑ "G.N. 302", Hong Kong Government Gazette (No. 3, Vol. 26, 21 January 2022)
  9. ↑ "G.N. 2214", Hong Kong Government Gazette (No. 13, Vol. 22, 29 March 2018)
  10. ↑ "G.N. 7153", Hong Kong Government Gazette (No. 50, Vol. 26, 16 December 2022)
  11. ↑ "G.N. 7076", Hong Kong Government Gazette (No. 50, Vol. 20, 16 December 2016)
  12. ↑ "G.N. 2215", Hong Kong Government Gazette (No. 13, Vol. 22, 29 March 2018)
  13. ↑ "G.N. 2925", Hong Kong Government Gazette (No. 24, Vol. 26, 17 June 2022)
  14. ↑ "G.N. 120", Hong Kong Government Gazette (No. 2, Vol. 27, 13 January 2023)
  15. ↑ "G.N. 6411", Hong Kong Government Gazette (No. 45, Vol. 26, 11 November 2022)
  16. ↑ "G.N. 3733", Hong Kong Government Gazette (No. 25, Vol. 25, 25 June 2021)
  17. ↑ "G.N. 3252", Hong Kong Government Gazette (No. 26, Vol. 26, 30 June 2022)
  18. ↑ "G.N. 7", Hong Kong Government Gazette (No. 1, Vol. 26, 7 January 2022)
  19. ↑ "G.N. 113", Hong Kong Government Gazette (No. 2, Vol. 27, 13 January 2023)
  20. ↑ "G.N. 450", Hong Kong Government Gazette (No. 4, Vol. 20, 29 January 2016)
  21. ↑ "G.N. 986", Hong Kong Government Gazette (No. 7, Vol. 27, 17 February 2023)
  22. ↑ "G.N. 6412", Hong Kong Government Gazette (No. 45, Vol. 26, 11 November 2022)
  23. ↑ "G.N. 1848", Hong Kong Government Gazette (No. 13, Vol. 14, 1 April 2010)
  24. ↑ "G.N. 2806", Hong Kong Government Gazette (No. 18, Vol. 21, 5 May 2017)
  25. ↑ "G.N. 5174", Hong Kong Government Gazette (No. 34, Vol. 25, 27 August 2021)
  26. ↑ "G.N. 1679", Hong Kong Government Gazette (No. 14, Vol. 26, 8 April 2022)
  27. ↑ "G.N. 4249", Hong Kong Government Gazette (No. 32, Vol. 26, 12 August 2022)
  28. ↑ "G.N. 4784", Hong Kong Government Gazette (No. 35, Vol. 26, 2 September 2022)
  29. ↑ "G.N. 5", Hong Kong Government Gazette (No. 1, Vol. 27, 6 January 2023)
  30. ↑ "G.N. 5183", Hong Kong Government Gazette (No. 38, Vol. 26, 23 September 2022)
  31. ↑ "G.N. 1426", Hong Kong Government Gazette (No. 10, Vol. 27, 10 March 2023)
  32. ↑ "G.N. 4239", Hong Kong Government Gazette (No. 28, Vol. 25, 16 July 2021)
  33. ↑ "G.N. 7149", Hong Kong Government Gazette (No. 39, Vol. 22, 28 September 2020)
  34. ↑ "G.N. 1827", Hong Kong Government Gazette (No. 11, Vol. 23, 15 March 2019)
  35. ↑ "G.N. 3736", Hong Kong Government Gazette (No. 25, Vol. 25, 25 June 2021)
  36. ↑ "G.N. 6544", Hong Kong Government Gazette (No. 46, Vol. 26, 18 November 2022)
  37. ↑ "G.N. 4818", Hong Kong Government Gazette (No. 26, Vol. 22, 29 June 2018)
  38. ↑ "G.N. 2898", Hong Kong Government Gazette (No. 20, Vol. 25, 21 May 2021)
  39. ↑ "G.N. 7152", Hong Kong Government Gazette (No. 50 Vol. 26, 16 December 2022)
  40. ↑ "G.N. 7155", Hong Kong Government Gazette (No. 46, Vol. 25, 19 November 2021)
  41. ↑ "G.N. 7658", Hong Kong Government Gazette (No. 49, Vol. 25, 10 December 2021)
  42. ↑ "G.N. 3251", Hong Kong Government Gazette (No. 26, Vol. 26, 30 June 2022)
  43. ↑ "G.N. 2896", Hong Kong Government Gazette (No. 20, Vol. 25, 21 May 2021)
  44. ↑ "G.N. 2157", Hong Kong Government Gazette (No. 18, Vol. 26, 6 May 2022)
  45. ↑ "G.N. 6410", Hong Kong Government Gazette (No. 45, Vol. 26, 11 November 2022)
  46. ↑ "G.N. 2203", Hong Kong Government Gazette (No. 16, Vol. 25, 23 April 2021)
  47. ↑ "G.N. 431", Hong Kong Government Gazette (No. 4, Vol. 24, 24 January 2020)
  48. ↑ "G.N. 7501", Hong Kong Government Gazette (No. 48, Vol. 25, 3 December 2021)
  49. ↑ "G.N. 629", Hong Kong Government Gazette (No. 6, Vol. 21, 10 February 2017)
  50. ↑ "G.N. 5185", Hong Kong Government Gazette (No. 38, Vol. 26, 23 September 2022)
  51. ↑ "G.N. 6756", Hong Kong Government Gazette (No. 48, Vol. 18, 28 November 2014)
  52. ↑ "G.N. 5859", Hong Kong Government Gazette (No. 42, Vol. 26, 21 October 2022)
  53. ↑ "G.N. 6750", Hong Kong Government Gazette (No. 48, Vol. 18, 28 November 2014)
  54. ↑ "G.N. 4522", Hong Kong Government Gazette (No. 29, Vol. 23, 19 July 2019)
  55. ↑ "G.N. 7480", Hong Kong Government Gazette (No. 52, Vol. 24, 24 December 2020)
  56. ↑ "G.N. 1228", Hong Kong Government Gazette (No. 11, Vol. 26, 18 March 2022)
  57. ↑ "G.N. 4556", Hong Kong Government Gazette (No. 34, Vol. 26, 26 August 2022)
  58. ↑ "G.N. 292", Hong Kong Government Gazette (No. 3, Vol. 24, 17 January 2020)
  59. ↑ "G.N. 4445", Hong Kong Government Gazette (No. 32, Vol. 24, 7 August 2020)
  60. ↑ "G.N. 1679", Hong Kong Government Gazette (No. 38, Vol. 26, 23 September 2022)
  61. ↑ "G.N. 3594", Hong Kong Government Gazette (No. 12, Vol. 27, 24 March 2023)
  62. ↑ "G.N. 2333", Hong Kong Government Gazette (No. 17, Vol. 20, 29 April 2016)
  63. ↑ "G.N. 5343", Hong Kong Government Gazette (No. 39, Vol. 24, 25 September 2020)
  64. ↑ "G.N. 8812", Hong Kong Government Gazette (No. 48, Vol. 22, 30 November 2018)
  65. ↑ "G.N. 6415", Hong Kong Government Gazette (No. 45, Vol. 26, 11 November 2022)
  66. ↑ "G.N. 7940", Hong Kong Government Gazette (No. 51, Vol. 25, 24 December 2021)
  67. ↑ "G.N. 5557", Hong Kong Government Gazette (No. 40, Vol. 26, 7 October 2022)
  68. ↑ "G.N. 114", Hong Kong Government Gazette (No. 2, Vol. 27, 13 January 2023)
  69. ↑ "G.N. 3907", Hong Kong Government Gazette (No. 22, Vol. 22, 1 June 2018)
  70. ↑ "G.N. 7019", Hong Kong Government Gazette (No. 49, Vol. 26, 9 December 2022)
  71. ↑ "G.N. 4424", Hong Kong Government Gazette (No. 33, Vol. 26, 19 August 2022)
  72. ↑ "G.N. 2803", Hong Kong Government Gazette (No. 23, Vol. 26, 10 June 2022)
  73. ↑ "G.N. 1427", Hong Kong Government Gazette (No. 10, Vol. 27, 10 March 2023)
  74. ↑ "G.N. 4", Hong Kong Government Gazette (No. 1, Vol. 27, 4 January 2023)
  75. ↑ "G.N. 115", Hong Kong Government Gazette (No. 2, Vol. 27, 13 January 2023)
  76. ↑ "G.N. 6890", Hong Kong Government Gazette (No. 48, Vol. 26, 2 December 2022)
  77. ↑ "G.N. 1424", Hong Kong Government Gazette (No. 10, Vol. 27, 10 March 2023)
  78. ↑ "G.N. 443", Hong Kong Government Gazette (No. 4, Vol. 26, 28 January 2022)
  79. ↑ "G.N. 1906", Hong Kong Government Gazette (No. 17, Vol. 24, 24 April 2020)
  80. ↑ "G.N. 1681", Hong Kong Government Gazette (No. 12, Vol. 27, 24 March 2023)
  81. ↑ "G.N. 1918", Hong Kong Government Gazette (No. 17, Vol. 24, 24 April 2020)
  82. ↑ "G.N. 6024", Hong Kong Government Gazette (No. 43, Vol. 26, 28 October 2022)
  83. ↑ "G.N. 7023", Hong Kong Government Gazette (No. 49, Vol. 26, 9 December 2022)
  84. ↑ "G.N. 2550", Hong Kong Government Gazette (No. 21, Vol. 24, 22 May 2020)
  85. ↑ "G.N. 1912", Hong Kong Government Gazette (No. 17, Vol. 24, 24 April 2020)
  86. ↑ "G.N. 7157", Hong Kong Government Gazette (No. 50, Vol. 26, 16 December 2022)
  87. ↑ "G.N. 1920", Hong Kong Government Gazette (No. 17, Vol. 24, 24 April 2020)
  88. ↑ "G.N. 1921", Hong Kong Government Gazette (No. 17, Vol. 24, 24 April 2020)
  89. ↑ "G.N. 6271", Hong Kong Government Gazette No. 44, Vol. 26, 4 November 2022)
  90. ↑ "G.N. 3687", Hong Kong Government Gazette (No. 27, Vol. 24, 3 July 2020)
  91. ↑ "Judicial Officers (Extension of Retirement Age) (Amendment) Bill 2019 gazetted". info.gov.hk. 1 March 2019.
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