2
The Legal System
The Judiciary
A key element in the success and continuing attraction of the HKSAR is that its judicial system operates on the principle, fundamental to the common law system, of the independence of the judiciary from the executive authorities and legislature. The courts make their own. judgments, whether disputes before them involve private citizens, corporate bodies or the government itself. The government is advised on matters relating to pay and conditions of service of judicial officers by an independent Standing Committee on Judicial Salaries and Conditions of Service. The Chief Justice is the head of the Judiciary, assisted in its overall administration by the Judiciary Administrator.
The Court of Final Appeal, headed by the Chief Justice, is the HKSAR's highest appellate court. There are three permanent judges, three non-permanent Hong Kong judges and 12 non- permanent judges from other common law jurisdictions. The Registrar deals mainly with interlocutory and taxation matters. In hearing and determining appeals, the court consists of five judges, and the court may, as required, invite a non-permanent Hong Kong judge or a non- permanent judge from another common law jurisdiction to sit on the court.
The High Court, comprising the Court of Appeal and Court of First Instance, is headed by the Chief Judge of the High Court. There are 13 Justices of Appeal and 34 Judges of the Court of First Instance. The Registrar, Senior Deputy Registrars and Deputy Registrars deal mainly with interlocutory and taxation matters.
The Court of Appeal hears civil and criminal appeals from the Court of First Instance, District Court and Lands Tribunal. The Court of First Instance has unlimited jurisdiction in all civil and criminal matters. Civil matters are usually tried by Court of First Instance judges sitting without juries, although there is a rarely used provision for jury trials in certain cases, including defamation. Criminal offences in the Court of First Instance are tried by a judge with a jury of seven, or when a judge so orders, a jury of nine. The Court of First Instance also hears appeals from the Magistrates' Courts, Minor Employment Claims Adjudication Board, Labour Tribunal and Small Claims Tribunal.
The Competition Tribunal has primary jurisdiction to hear and adjudicate competition-related cases. All Judges of the Court of First Instance are members of the tribunal, while the Registrar, Senior Deputy Registrars and Deputy Registrars of the High Court hold the corresponding positions in the tribunal.
The District Court is one level below the Court of First Instance. It comprises the Chief District Judge, one Principal Family Court Judge and 39 judges. There is no jury. The Registrar and Deputy Registrars deal mainly with civil interlocutory matters and taxation of costs. The District Court's 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. It tries criminal cases except murder, manslaughter and rape. The maximum sentencing power is seven years' imprisonment.
27