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The Legal System
seven, or when a judge so orders, a jury of nine. The Court of First Instance also hears appeals from the Magistrates' Courts and the Labour and Small Claims Tribunals.
The District Court is one level below the Court of First Instance. It comprises the Chief District Judge, one Principal Family Court Judge and 34 judges. There is no jury in any District Court proceedings. The Registrar and Deputy Registrars deal with interlocutory applications and taxation in civil matters. The District Court tries criminal cases except murder, manslaughter and rape. The maximum sentencing power is seven years' imprisonment. Its general civil jurisdiction. is limited to claims up to $1 million, or recovery of land where the rateable value does not exceed $240,000. It has jurisdiction over employees' compensation, equal opportunities and matrimonial matters including divorce, custody, maintenance and adoption. It also has jurisdiction to hear stamp duty assessment appeals.
The Magistrates' Courts process about 90 per cent of the cases in Hong Kong annually. Led by the Chief Magistrate, the team (excluding Deputy Magistrates and Deputy Special Magistrates) consists of nine Principal Magistrates (including two who are the Principals of the Labour Tribunal and the Small Claims Tribunal respectively), 51 Permanent Magistrates and nine Special Magistrates. Magistrates exercise criminal jurisdiction over a wide range of offences. In general, their sentencing power is limited to two years' imprisonment and a fine of $100,000. Specific statutory provisions empower magistrates to impose sentences of up to three years' imprisonment and a fine of $5 million. Magistrates also handle cases in the Juvenile Courts which deal with offences, except homicide, committed by children and young persons below 16 years of age. Special Magistrates handle minor offences such as traffic contraventions. Their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.
In addition, there are five tribunals. The Lands Tribunal handles tenancy claims, rating and valuation appeals, applications for compulsory sale of buildings for redevelopment, and compensation assessments when land is resumed by the government or reduced in value by development. The Labour Tribunal handles claims arising from contracts of employment and the Employment Ordinance. The Small Claims Tribunal handles civil claims of up to $50,000. The Obscene Articles Tribunal determines whether articles are obscene or indecent. It also classifies articles submitted by authors and publishers. The Coroner's Court conducts inquests and inquires into the causes of and circumstances connected with a death.
In accordance with the Basic Law and the Official Languages Ordinance, the courts can use both official languages in any proceedings.
The Legal Profession
The legal profession in Hong Kong is divided into two branches: barristers and solicitors. Generally, solicitors have limited rights of audience whereas barristers have unlimited rights of audience in all courts and tribunals. Legislation was enacted in 2010 to allow eligible solicitors to apply for rights of audience before the High Court and the Court of Final Appeal.
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