64
CONSTITUTION AND ADMINISTRATION
law, that in the performance of their judicial acts members of the Judiciary are completely independent of the executive and legislative organs of the government, is fundamental in Hong Kong.
The courts of justice in Hong Kong are the Supreme Court (comprising the Court of Appeal and the High Court), the District Court, the Magistrates' Court, the Coroner's Court, the Juvenile Court and also the Lands Tribunal, the Labour Tribunal and the Small Claims Tribunal.
The Lands Tribunal's jurisdiction was expanded in June 1982 to include landlord and tenant matters in pre-war buildings which were formerly dealt with by the Tenancy Tribunal. The Tenancy Tribunal was then abolished.
The Lands Tribunal also deals with disputes originally heard in the District Court over landlord and tenant matters in post-war buildings. It determines applications for new tenancies in respect of domestic premises having a rateable value of $35,000 or over and also to premises under that rateable value where they form part of buildings completed on or after June 19, 1981, or, whenever completed, the tenancy was first created on or after June 10, 1983. For this purpose it may determine the 'prevailing market rent'.
The Lands Tribunal's landlord and tenant jurisdiction was further extended in 1983 to include the same common law and other powers of the District Court.
The Small Claims Tribunal deals with monetary claims involving amounts not exceeding $5,000. The procedure followed is simple, informal and legal representation is not allowed.
The Labour Tribunal deals with individual money claims arising from contracts of employment. The informal procedure followed is initially directed at reconciling the parties to the dispute.
Magistrates exercise criminal jurisdiction over a wide range of indictable and summary offences. Their powers of punishment are generally restricted to a maximum of two years' imprisonment, or a fine of $10,000, though cumulative sentences of imprisonment up to three years may be imposed for two or more offences tried together.
Proceedings in all indictable offences originate in a Magistracy. The Attorney General may apply to have a case transferred to the District Court or committed to the High Court depending on the seriousness of the case. Formerly, committals to the High Court for trial were only made by a magistrate if, after hearing evidence in a preliminary inquiry, he was of the opinion that there was sufficient evidence to put the defendant on trial in the High Court. However, since the Criminal Procedure (Preliminary Proceedings on an Indictable Offence) Ordinance 1983 became law on January 1, 1984, a defendant is allowed to elect to have an automatic committal instead of a preliminary inquiry.
Lay assessors sit as advisers with newly arrived magistrates recruited from overseas. Assessors are local residents with a knowledge of local customs, traditions and community feelings. They are drawn from a panel of about 320 assessors.
Three Cantonese speaking special magistrates, who are not legally qualified but ex- perienced in judicial work, were appointed to deal with cases of a more routine nature, such as hawking and minor traffic cases. Their powers of punishment, however, do not include the power of imprisonment.
Two coroners conduct inquiries into the cause of, or circumstances connected with, deaths which occur suddenly, by accident or violence, or under suspicious circumstances. They may sit with a jury of three people.
The Juvenile Court has jurisdiction to hear charges against children (aged under 14) and young persons (aged between 14 and 16) for any offence other than homicide.