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CONSTITUTION AND ADMINISTRATION
legislative organs of the government, is fundamental in Hong Kong. The English common law and the rules of equity are in force in Hong Kong so far as they may be applicable to local circumstances. English Acts of Parliament are in force in Hong Kong only if applied by the Legislative Council, or by their own terms or by an Order in Council. Locally-enacted laws of Hong Kong are consolidated and revised periodically.
The courts of justice in Hong Kong are the Court of Appeal, the High Court, the District Court, the Magistrates Courts, the Coroners Court, the Tenancy Tribunal, the Labour Tribunal, the Lands Tribunal and the Small Claims Tribunal.
Magistrates exercise criminal jurisdiction over a wide range of indictable and sum- mary offences. In indictable offences, their powers of punishment are restricted to a maximum of two years' imprisonment or a $2,000 fine for any one offence, unless the law in regard to any particular offence prescribes that they may impose some higher penalty. Cumulative sentences of imprisonment imposed by magistrates when trying two or more offences together may not exceed three years. Magistrates also hold preliminary inquiries to decide whether persons accused of the most serious offences should be committed for trial in the High Court. They also transfer criminal cases to the District Court for trial, on the application of the Attorney General. There is a Coroner's Court in Kowloon for the whole territory.
The District Court, established in 1953, provides a simple method of trying civil disputes in which the value of the subject matter is under $20,000 or $15,000 in the case of land. The court also tries criminal cases transferred to it by the magistrates. It exercises appellate jurisdiction in stamp and rating appeals in Tenancy Tribunal matters, Labour Tribunal matters, and ordinary jurisdiction under the Distress for Rent Ordinance and the Workmen's Compensation Ordinance. Trial in both civil and criminal proceedings in the District Court is by a judge sitting alone, and he may not award more than seven years' imprisonment.
The High Court's civil jurisdiction is similar to that of the English High Court. It also exercises jurisdiction in lunacy, bankruptcy and company winding-up matters. The most serious criminal offences are tried by a judge of the High Court sitting with a jury of seven. A summary of cases heard and dealt with in all courts for the years 1975-7 is in Appendix 32.
The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and two Justices of Appeal. It hears appeals from the High Court and the District Court, and has jurisdiction corresponding roughly to that of the Court of Appeal in England. Appeals may be brought from the Court of Appeal to the Judicial Committee of the Privy Council in London.
The Labour Tribunal, which complements the Labour Relations Service of the Labour Department, provides speedy settlements to individual money claims arising from contracts of employment.
The Lands Tribunal adjudicates on all statutory claims for compensation over land. The tribunal's province includes claims made under the Mass Transit (Land Resumption and Related Provisions) Ordinance, which was enacted to meet the special land acquisition needs of the mass transit railway.
The Small Claims Tribunal Ordinance established a tribunal with jurisdiction to deal with monetary claims involving amounts not exceeding $3,000. The procedure