Magistrates' court (Hong Kong)

Last updated

Magistrates' courts
Kwun Tong Magistracy 1.jpg
Kwun Tong Magistrates' Court
LocationHong Kong
Authorised 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 circumstances [1]
Website Official website
Chief Magistrate
CurrentlyMr Victor SO Wai-tak
Magistrates' court
Chinese 香港裁判法院
Transcriptions
Standard Mandarin
Hanyu Pinyin Xiānggǎng Cáipàn Fǎ​yuàn
Yue: Cantonese
Jyutping hoeng1 gong2 coi4 pun3 faat3 jyun6*2

Magistrates' courts form the lowest tier of criminal courts in Hong Kong. They have criminal jurisdiction over a wide range of offences, and in general these offences must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. Their jurisdiction and sentencing powers are set out in the Magistrates Ordinance (Cap. 227).

Contents

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. [2] Summary offences can only be tried in a magistrates' court, [3] while indictable-only and either-way offences are commonly transferred to the District Court or Court of First Instance for trial. The magistrates' courts are the busiest in Hong Kong, with a caseload of 379,547 in 2024. [4]

Cases are always heard before a single magistrate, who must have qualified as a barrister or solicitor either in Hong Kong or in another common law jurisdiction and have had substantial professional experience. Defendants may be represented by a solicitor or barrister, and may seek advice from duty lawyers stationed in the courts.

Parties and proceedings

Defence lawyers

Legal aid is not available for proceedings in the magistrates' courts; instead, the publicly-funded Duty Lawyer Service provides legal representation by qualified lawyers in private practice for eligible defendants. [5]

Barristers and solicitors have equal rights of audience before the magistrates' courts. As such, solicitors can be commonly found performing advocacy duties where a barrister would otherwise be instructed.

Lawyers appearing in the magistrates' courts do not have to wear court dress, and typically appear in business attire.

Prosecutors

Cases in the magistrates' courts are prosecuted by government counsel, barristers or solicitors in private practice prosecuting on fiat, or lay "court prosecutors", who are not required to be legally qualified.

The magistrates' courts are the only courts in Hong Kong that involve the participation of lay prosecutors, known as court prosecutors, who prosecute the majority of cases in these courts. [6] Court prosecutors were introduced in 1976 to take over the role of police inspectors in prosecuting cases before the magistrates. While court prosecutors are not required to have legal qualifications, a small number do, and all court prosecutors are required to undergo a 9-month training programme on advocacy skills, the rules of evidence, substantive law, and prosecutorial ethics. [7] As of 2015, there were 80 court prosecutors, 31 of which had obtained a PCLL or LLB equivalent, and 6 of which were fully qualified solicitors or barristers. [8]

Magistrates

Appointment and retirement

Magistrates are judicial officers appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. Since 2019, the retirement age for magistrates is 65. [9]

Status, style and dress

Magistrates are not judges; only those sitting in the District Court or above are known as judges. Magistrates may be addressed as your Worship, and typically wear a closed black gown, a wing collar, and bands while sitting in court. Magistrates do not wear wigs in court.

Types of magistrates

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 [10] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal. [11] [12] [13] 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. [14] [15]

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):

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 2020Incumbent5 years and 236 days

List of magistrates' courts

Existing magistrates' courts

CourtOpenedAddressJurisdiction
Eastern28 January 1991Eastern Law Courts Building, 29 Tai On Street, Sai Wan Ho Hong Kong Island, Islands District (except Lantau Island)
West Kowloon28 December 2016 West Kowloon Law Courts Building, 501 Tung Chau Street, Cheung Sha Wan Sham Shui Po, Mong Kok, Kwai Tsing, Tsuen Wan, Lantau Island
Kowloon City3 July 2001Kowloon City Law Courts Building, 147M Argyle Street, Kowloon CityKowloon City, Yau Ma Tei, Tsim Sha Tsui, Wong Tai Sin
Kwun Tong1980Kwun Tong Law Courts Building, 10 Lei Yue Mun RoadKwun Tong, Wong Tai Sin, Sai Kung, Tseung Kwan O
Tuen Mun24 September 1987Tuen Mun Law Courts Building, 1 Tuen Hi Road, Tuen MunTuen Mun, Yuen Long
Fanling2 July 2002Fanling Law Courts Building, 1 Pik Fung Road, FanlingTai Po, North District
Sha Tin1987Shatin Law Courts Building, 1 Yi Ching Lane, Sha TinSha Tin, Ma On Shan

Former magistrates' courts

CourtOpenedClosedAddressSubsequent use
Central Magistracy19791 Arbuthnot Road, Central Supreme Court, Immigration Department, Central Police Station, now part of Tai Kwun complex
Causeway Bay Magistracy1960198620 Electric Road, Causeway BayDemolished — now part of Tin Hau MTR station and Park Towers
Western Magistracy20042A Pok Ful Lam Road, Sai Ying PunLabour Department, Drainage Services Department
South Kowloon Magistrates' Court 19361 July 200036-38 Gascoigne Road, Yau Ma TeiLabour Tribunal, Lands Tribunal
North Kowloon Magistracy 2005292 Tai Po Road, Shek Kip MeiSavannah College of Arts and Design (2010-2020)
San Po Kong Magistrates' Courts26 July 19712001690 Prince Edward Road East, San Po KongDemolished — now part of Mikiki and the Latitude
Fanling Magistracy 19612002302 Jockey Club Road, FanlingHong Kong Federation of Youth Groups
Tsuen Wan Magistrates' Court1971201670 Tai Ho Road, Tsuen WanShatin-Central Link inquiry, temporary District Court courtrooms

See also

Notes

  1. ↑ Previously sat as District Court Registrar, [16] a Deputy District Judge and Presiding Officer of the Lands Tribunal. [17]
  2. ↑ Sitting as a Deputy District Judge until 9 June 2023. [18] Previously sat as a Coroner. [19]
  3. ↑ Previously sat as a Deputy District Judge [20]
  4. ↑ Previously sat as a Deputy District Judge [21]
  5. ↑ Sitting as a District Court Master until 30 June 2023. [22] Previously sat as a Deputy District Judge. [23]
  6. ↑ Previously sat as a High Court Master [24] and as a Deputy District Judge. [25]
  7. ↑ Previously sat as a Deputy District Judge [26]
  8. ↑ Sitting as a Deputy District Judge until 30 June 2023. [27] Previously sat as a Coroner. [28]
  9. ↑ Sitting as a Deputy District Judge in the Family Court until 11 August 2023 [29]
  10. ↑ Sitting as a Deputy District Judge until 12 May 2023. [30] Previously sat as Principal Adjudicator (Acting) of the Small Claims Tribunal. [31]
  11. ↑ Previously sat as a Deputy District Judge [32]
  12. ↑ Previously sat as a Deputy District Judge [33]
  13. ↑ Previously sat as a Deputy District Judge in the Family Court [34]
  14. ↑ Sitting as a Deputy District Judge until 3 February 2023 [35]
  15. ↑ Sitting as a Deputy District Judge until 4 March 2023 [36]
  16. ↑ Sitting as a Deputy District Judge until 30 June 2023 [37]
  17. ↑ Previously sat as a Deputy District Judge [38]
  18. ↑ Sitting as Deputy District Judge until 1 September 2023. [39] Previously sat as Principal Presiding Officer (Acting) of the Labour Tribunal and as a Deputy District Judge in the Family Court. [40]
  19. ↑ Sitting as a Labour Tribunal Presiding Officer. [41] Previously sat as a Deputy District Judge. [42]
  20. ↑ Previously sat as a Deputy District Judge [43]
  21. ↑ Sitting as a Deputy District Judge in the Family Court until 13 May 2023. [44] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal [45] and as a District Court Master. [46]
  22. ↑ Sitting as a Deputy District Judge until 9 June 2023. [47] Previously sat as a District Court Master. [48]
  23. ↑ Previously sat as a Deputy District Judge [49]
  24. ↑ Sitting as a High Court Master until 20 March 2023. [50] Previously sat as a Deputy District Judge in the Family Court. [51]
  25. ↑ Previously sat as a District Court Master [52]
  26. ↑ Sitting as a Deputy District Judge and Presiding Officer of the Lands Tribunal until 5 May 2023. [53] Previously sat as a High Court Master [54] and as a District Court Master. [55]
  27. ↑ Previously sat as a Deputy District Judge in the Family Court [56] and as a Coroner. [57]
  28. ↑ Sitting as a District Court Master until 17 March 2023. [58] Previously sat as a Small Claims Tribunal Adjudicator [59]
  29. ↑ Sitting as a High Court Master until 16 July 2023. [60] Previously sat as Principal Presiding Officer of the Labour Tribunal [61] and as a Deputy District Judge. [62]
  30. ↑ Previously sat as a Deputy District Judge [63]
  31. ↑ Previously sat as a Deputy District Judge [64]
  32. ↑ Sitting as a High Court Master until 15 May 2023. [65] Previously sat as a Deputy District Judge in the Family Court [66] and as a District Court Master. [67]
  33. ↑ Sitting as a Deputy District Judge in the Family Court until 15 September 2023. [68] Previously sat as a District Court Master. [69]
  34. ↑ Sitting as a Coroner. [70] Previously sat as a High Court Master [71] and a Deputy District Judge. [72]
  35. ↑ Sitting as District Court Registrar until 12 May 2023. [73] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal. [74]
  36. ↑ Sitting as a Deputy District Judge until 31 March 2023 [75]
  37. ↑ Sitting as a Deputy District Judge until 30 June 2023. [76] Previously sat as a Coroner. [77]
  38. ↑ Sitting as a Deputy District Judge until 2 June 2023. [78] Previously sat as a District Court Master. [79]
  39. ↑ Previously sat as a Deputy District Judge [80]
  40. ↑ Sitting as Deputy District Judge until 8 September 2023. [81]
  41. ↑ Sitting as a High Court Master until 27 September 2023. [82]
  42. ↑ Sitting as a Deputy District Judge until 30 June 2023. [83] Previously sat as a District Court Master. [84]
  43. ↑ Sitting as a High Court Master until 30 November 2023. [85] Previously sat as a District Court Master. [86]
  44. ↑ Sitting as a Coroner [87]
  45. ↑ Sitting as a District Court Master until 22 September 2023. [88] Previously sat as a Small Claims Tribunal Adjudicator. [89]
  46. ↑ Sitting as a District Court Master until 22 April 2023 [90]
  47. ↑ Sitting as a District Court Master until 2 June 2023. [91] Previously sat as a Labour Tribunal Presiding Officer. [92]
  48. ↑ Sitting as a Labour Tribunal Presiding Officer [93]
  49. ↑ Sitting as a District Court Master until 9 June 2023. [94] Previously sat as a Small Claims Tribunal Adjudicator. [95]
  50. ↑ Sitting as a Small Claims Tribunal Adjudicator [96]
  51. ↑ Sitting as a District Court Master until 28 April 2023. [97] Previously sat as a Labour Tribunal Presiding Officer. [98]

References

  1. ↑ Community Legal Information Centre. "1. If I am convicted and I want to lodge an appeal, what should I do? Can I appeal against the conviction or sentence or both?". clic.org.hk. Archived from the original on 11 July 2025. Retrieved 12 June 2025.
  2. ↑ "Hong Kong Judiciary Annual Report 2004" (PDF). Hong Kong Judiciary. Archived (PDF) from the original on 27 October 2019. Retrieved 17 June 2020.
  3. ↑ "1. I have heard of "summary offences" and "indictable offences". What are the differences between the two and which court can try these offences? | Community Legal Information Centre (CLIC)". www.clic.org.hk. Archived from the original on 23 June 2025. Retrieved 5 June 2025.
  4. ↑ "Caseload, Case Disposal and Waiting Time at Different Court Levels - Hong Kong Judiciary Annual Report 2024". www.judiciary.hk. Retrieved 2 July 2025.
  5. ↑ "The Duty Lawyer Service : Duty Lawyer Scheme : The Duty Lawyer Scheme". www.dutylawyer.org.hk. Archived from the original on 2 July 2025. Retrieved 2 July 2025.
  6. ↑ "LCQ13: Court Prosecutors". www.info.gov.hk. Archived from the original on 6 May 2025. Retrieved 2 July 2025.
  7. ↑ Allcock, Bob (2007). "Court Prosecutors and Government Lawyers" (PDF). www.doj.gov.hk. Retrieved 2 July 2025.
  8. ↑ "LCQ13: Court prosecutors" (PDF). www.info.gov.hk. Archived (PDF) from the original on 6 May 2025. Retrieved 2 July 2025.
  9. ↑ "Judicial Officers (Extension of Retirement Age) (Amendment) Bill 2019 gazetted". info.gov.hk. 1 March 2019. Archived from the original on 10 November 2019. Retrieved 6 July 2020.
  10. ↑ "High Court Ordinance (Cap. 4), sections 37AB, 37AC, 37A and 37B". Archived from the original on 10 August 2022. Retrieved 1 January 2021.
  11. ↑ "District Court Ordinance (Cap. 336), sections 7, 14AB, 14A and 14B". Archived from the original on 18 January 2019. Retrieved 1 January 2021.
  12. ↑ "Lands Tribunal Ordinance (Cap. 17), section 4(2)". Archived from the original on 30 September 2018. Retrieved 1 January 2021.
  13. ↑ 陳祺豐 v 林鄭月娥女士 (香港特別行政區行政長官), HCAL1758/2019
  14. ↑ "Labour Tribunal Ordinance (Cap. 25), section 4". Archived from the original on 11 July 2022. Retrieved 1 January 2021.
  15. ↑ "Small Claims Tribunal Ordinance (Cap. 338), section 4". Archived from the original on 11 July 2022. Retrieved 1 January 2021.
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  22. ↑ "G.N. 120", Hong Kong Government Gazette (No. 2, Vol. 27, 13 January 2023)
  23. ↑ "G.N. 6411" Archived 24 January 2023 at the Wayback Machine , Hong Kong Government Gazette (No. 45, Vol. 26, 11 November 2022)
  24. ↑ "G.N. 3733", Hong Kong Government Gazette (No. 25, Vol. 25, 25 June 2021)
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