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 2020Incumbent3 years and 311 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]

Related Research Articles

<span class="mw-page-title-main">Judge</span> Official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

<span class="mw-page-title-main">Judiciary of Hong Kong</span> Law courts in the special administrative region of China

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.

<span class="mw-page-title-main">High Court (Hong Kong)</span> Superior court of record with unlimited civil and criminal jurisdiction in Hong Kong

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.

<span class="mw-page-title-main">District Court (Hong Kong)</span>

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.

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 Lands Tribunal is a tribunal in Hong Kong that deals with legal disputes over land. It was established by the Lands Tribunal Ordinance. It is situated in the former Kowloon Magistracy building.

Michael John HartmannGBS is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.

Sir Brian Richard Keith is a former British judge of the High Court of England and Wales styled as The Honourable Mr Justice Keith. He was previously a judge of the Court of Appeal of Hong Kong.

Sir Richard Alan Field is a British judge of the High Court of England and Wales.

<span class="mw-page-title-main">Arthur Leong (judge)</span>

Arthur Leong GBS (1936–2010) was a judge in Hong Kong. He was Chief Judge of the High Court of Hong Kong from 2000 to 2003.

Michael Victor Lunn, GBS, KC, SC is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.

Ian Charles McWalters is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong. He is a retired judge and former prosecutor.

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.

Clare-Marie Beeson, SBS is a New Zealand-born lawyer who served as a judge in the Hong Kong Judiciary for over 29 years.

Andrew Colin Macrae is Vice President of the Court of Appeal of Hong Kong.

Carlye Chu Fun-ling is a Hong Kong judge. She has served as a Vice President of the Court of Appeal of the High Court since November 2022.

Poon Siu-tung, also known as Tony Poon is a Hong Kong judge. He has served as a Judge of the Court of First Instance of the High Court since January 2019.

<span class="mw-page-title-main">Barnabas Fung</span> Hong Kong judge

Barnabas Fung Wah, GBS is a Hong Kong judge. He has served as a High Court Judge since 2006.

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.

<span class="mw-page-title-main">Paul Lam</span> Hong Kong barrister and politician

Paul Lam Ting-kwok is a Hong Kong Senior Counsel who is the current Secretary for Justice.

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.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.