ENG-1972 — Page 283

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CONSTITUTION AND ADMINISTRATION

are appointed by Letters Patent issued under the Public Seal by the Governor on in- structions from the Queen given through, and on the recommendation of, the Secretary of State; district judges and magistrates are appointed by the Governor by instrument under the Public Seal or by warrant. The qualifications of puisne judges are prescribed in the Supreme Court Ordinance and those of district judges in the District Court Ordinance.

The function of the Judiciary is to try all prosecutions and to determine civil disputes, whether between individuals or between individuals and the government. The principle of English constitutional law that, in the performance of their judicial acts, members of the Judiciary are completely independent of the executive and legis- lative 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 Hong Kong only if applied by the Legislative Council or by their own terms or by an Order in Council. Locally enacted laws of Hong Kong 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 1972, the Judiciary had posts for the Chief Justice, the Senior Puisne Judge, eight puisne judges, eight district judges, 48 magistrates, and three presidents of the Tenancy Tribunal.

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 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 to the Supreme Court. They also transfer criminal cases to the District Court for trial, on the applica- tion of the Attorney 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. There is a Coroners Court on Hong Kong Island and 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 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 Com- pensation 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.