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CONSTITUTION AND ADMINISTRATION

The Chief Justice, the Justices of Appeal and the Judges of the High Court are appointed by Letters Patent issued under the Public Seal by the Governor on instructions from the Queen, conveyed through the Secretary of State. District Judges are appointed by the Governor, by instrument under the Public Seal, and magistrates by the Governor by warrant.

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.

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

The Lands Tribunal's jurisdiction was expanded in June 1982 to include landlord and tenant matters in pre-war buildings which were formerly dealt with by the Tenancy Tribunal. The Tenancy Tribunal was then abolished. It also deals with disputes originally heard in the District Court over landlord and tenant matters in post-war buildings and determines applications for new tenancies in respect of domestic premises currently having a rateable value of $50,000. For this purpose it may determine the 'prevailing market rent'. The Small Claims Tribunal deals with monetary claims involving amounts not exceeding $5,000. The procedure followed is simple, informal and legal representation is not allowed.

The Labour Tribunal deals with individual money claims arising from contracts of employment. The informal procedure followed is initially directed at reconciling the parties to the dispute.

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 $10,000 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 as 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 full-time Cantonese-speaking lay magistrates deal with minor offences of a routine nature, such as hawking, fixed penalty traffic cases and simple departmental summonses. They are not legally qualified but are experienced in judicial work and enable the professional magistrates to devote their time to more serious cases. The powers of punishment of the lay magistrates do not include a power of imprisonment.

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

There is a panel of about 330 people who are appointed as lay assessors to assist in the Magistrates' Courts. The assessors sit with expatriate magistrates on their first appoint- ment to acquaint them with local customs, traditions and community feelings. They also sit with magistrates in the Money Lenders Licensing Court.