ENG-1985 — Page 50

CONSTITUTION AND ADMINISTRATION

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precedent in 1973 and stated that ‘any relevant decision of the Privy Council' was binding on the Hong Kong courts.

Judiciary

The Chief Justice is the head of the Judiciary. He is assisted in the discharge of his administra- tive duties by the Registrar as well as Deputy Assistant Registrars of the Supreme Court. 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 Supreme Court (comprising the Court of Appeal and the High Court), the District Court, the Magistrates' Court, the Coroners' Court, the Juvenile Court and also include the Lands Tribunal, the Labour Tribunal and the Small Claims Tribunal.

The Lands Tribunal, established in 1974, has three principal judicial functions. First, it determines the sums payable by the government and others for compensation to persons whose land is compulsorily resumed or has its value reduced because of public or private developments. Second, the tribunal has an appellate jurisdiction from the Commissioner of Rating and Valuation. This includes appeals in respect of rateable values under the Rating Ordinance and appeals against certificates of increase in rents and other determina- tions under the Landlord and Tenant (Consolidation) Ordinance. Third, since 1982, the tribunal's jurisdiction has included all claims for possession of premises under the Landlord and Tenant (Consolidation) Ordinance, and ancillary money claims.

In the exercise of its jurisdiction, the tribunal has the powers of the District Court. In addition, it enjoys the powers of the High Court in relation to certain matters and is empowered, so far as it thinks fit, to follow the practice and procedure of the High Court.

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 generally restricted to a maximum of two years' imprisonment, or a fine of $10,000, though cumulative sentences of imprisonment up to three years may be imposed for two or more offences tried together.

Proceedings in all indictable offences originate in a Magistracy. The Attorney General may apply to have a case transferred to the District Court or committed to the High Court depending on the seriousness of the case. Formerly, committals to the High Court for trial were only made by a magistrate if, after hearing evidence in a preliminary inquiry, he was of the opinion that there was sufficient evidence to put the defendant on trial in the High Court. However, since the Criminal Procedure (Preliminary Proceedings on an Indictable Offence) Ordinance 1983 became law on January 1, 1984, a defendant is allowed to elect to have an automatic committal instead of a preliminary inquiry.