ENG-1981 — Page 334

CONSTITUTION AND ADMINISTRATION

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The Judiciary tries all prosecutions and determines civil disputes, whether between individuals or between 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.

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 a Hong Kong Ordinance, by their own terms, or by an Order in Council.

The courts of justice in Hong Kong are the Court of Appeal, the High Court, the District Court, the Magistrates' Courts, the Coroner's Court, the Tenancy Tribunal, the Labour Tribunal, the Lands Tribunal and the Small Claims Tribunal.

The Labour Tribunal provides speedy settlement of individual money claim arising from contracts of employment.

The Lands Tribunal adjudicates on statutory claims for compensation relating to land. The tribunal's province includes claims made under the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance, which deals with land acquired for the Mass Transit Railway.

The Small Claims Tribunal has the exclusive jurisdiction to deal with monetary claims involving amounts not exceeding $3,000. The procedure followed is simple, informal and legal representation is not allowed.

Magistrates exercise criminal jurisdiction over a wide range of indictable and summary offences. Their powers of punishment are restricted to a maximum of two years' imprison- ment 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 imprison- ment imposed by magistrates, for two or more offences tried together, may not exceed three years. More serious offences are dealt with by the District Court. Upon application by the Attorney General a magistrate will simply order that the case be transferred to the District Court for trial.

The most serious offences, such a murder, manslaughter or rape, are dealt with by the High Court. A magistrate will hold a preliminary inquiry, in the course of which he will hear the oral evidence of witnesses or consider their written statements or both. If he is satisfied that the whole of the evidence reveals a prima facie case against the accused, he will commit him to the High Court for trial.

Two coroners conduct inquiries into the cause of, or circumstances connected with deaths which occur suddenly, by accident or violence or by under suspicious circumstances. They may sit with a jury of three people.

At the beginning of 1980, about 360 people from varied backgrounds were appointed as lay assessors to assist in the Magistrates' Courts. Being bilingual and well-equipped with a knowledge of local customs, traditions and community feelings, the assessors sit with expatriate magistrates. They also sit with magistrates in the Money Lenders Licensing Court.

The District Court has jurisdiction over 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 in Tenancy Tribunal matters and Labour Tribunal matters. Trial of both civil and criminal proceedings in the District Court is by a judge sitting alone. He may not award more than seven years' imprisonment.