ENG-1970 — Page 316

CONSTITUTION AND ADMINISTRATION

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individuals and the Government. The principle of English constitu- tional 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 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 the Colony only if applied to Hong Kong by the Legislative Council or by their own terms or by an Order in Council. The locally enacted laws of the Colony are consolidated and revised periodically; the last edition of them was published in loose leaf form in 1967.

The courts of justice in Hong Kong are the Full Court, the Supreme Court, the District Court, the Magistrates Courts, the Coroners Courts and the Tenancy Tribunal. In 1970, the Judiciary had posts for the Chief Justice, the Senior Puisne Judge, six puisne judges, eight district judges, 36 magistrates, two coroners and a President of the Tenancy Tribunal.

Magistrates exercise criminal jurisdiction over a wide range of indictable offences as well as summary offences. In the case of in- dictable offences, however, 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 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 Attor- ney General.

A Justice of the Peace Court, consisting of two Justices of the Peace, and having the same jurisdiction as a special magistrate, also sits several times a week. The two coroners sit one in Hong Kong, one in Kowloon. The work of the Tenancy Tribunal is described in Chapter 8.

The District Court, established in 1953, provides a simple 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