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CONSTITUTION AND ADMINISTRATION

appointed by the Governor by instrument under the Public Seal or by warrant. The qualifications of Justices of Appeal and Judges of the High Court 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 courts of justice in Hong Kong are the Court of Appeal, the High Court, the District Court, the Magistrates Courts, the Coroners Court, the Tenancy Tri- bunal, the Labour Tribunal, the Lands Tribunal and the Small Claims Tribunal.

Magistrates exercise criminal jurisdiction over a wide range of indictable and summary offences. In indictable offences, 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 High Court. They also transfer criminal cases to the District Court for trial, on the application of the Attorney General. There is a coroner's court in Kowloon for the whole territory.

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 $20,000, or $15,000 in the case of land. The court also tries criminal cases transferred to it by the magistrates. It exercises appellate jurisdiction-in stamp and rating appeals and in Tenancy Tri- bunal matters, and ordinary jurisdiction under the Distress for Rent Ordinance and the Workmen's Compensation Ordinance. Trial in both civil and criminal proceed- ings in the District Court is by a judge sitting alone, and he may not award more than seven years' imprisonment.

The High 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 High Court sitting with a jury of seven. A summary of cases heard and dealt with in all courts for the years 1974-6 is in Appendix 32.

The highest court in Hong Kong is the Court of Appeal, which is composed of the Chief Justice and two Justices of Appeal. It hears appeals from the High Court and the District Court and has jurisdiction corresponding roughly to that of the Court of Appeal in England. Appeals may be brought from the Court of Appeal to the Judicial Committee of the Privy Council in London.