ENG-1969 — Page 338

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CONSTITUTION AND ADMINISTRATION

Tsuen Wan and Kwun Tong Magistracies on the mainland. In addition, Justices of the Peace sit several afternoons a week. The Tenancy Tribunal deals with matters arising under the Landlord and Tenant Ordinance, the Demolished Buildings (Re-development of Sites) Ordinance and the Buildings (Amendment) Ordinance 1968; its work is described in Chapter 8.

Magistrates exercise criminal jurisdiction over a wide range of indictable offences as well as summary offences. In the case of indictable offences, however, their powers of punishment are restricted generally 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 mag- istrates when trying two or more offences together may not exceed three years.)

Magistrates hold preliminary enquiries to decide whether persons accused of the most serious offences should be committed for trial at the criminal sessions of the Supreme Court. They also transfer criminal cases to the District Court for trial, on the application of the Attorney General. The two coroners, who sit in Hong Kong and Kowloon, derive their powers from the Coroners Ordinance.

The District Court, established in 1953, provides a simpler method of trial of civil disputes in which the value of the subject matter is under $10,000, or $5,000 in the case of land, and also tries criminal cases transferred to it by the magistrates. It exercises appellate jurisdiction in stamp and rating appeals and in Tenancy 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; he may not award more than five years imprisonment.

The Supreme 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 Supreme Court sitting with a jury of seven. (A summary of cases heard and dealt with in all courts for the years 1965–9 will be found in Appendix XLV).