ENG-1993 — Page 57

THE LEGAL SYSTEM

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extended to Hong Kong. The Sino-British Joint Declaration guarantees that the provisions of the two covenants, as applied to Hong Kong, shall remain in force after 1997.

Until recently, the provisions of the ICCPR, like those of the ICESCR, were implemented in Hong Kong through a combination of common law, legislation and administrative measures. In view of the strong support in the community for the embodiment of basic civil and political rights in a justiciable Bill of Rights, the Hong Kong Bill of Rights Ordinance was enacted in June 1991. The ordinance gives effect in local law to the provisions of the ICCPR as applied to Hong Kong.

To complement the protection afforded by the Bill of Rights, the Letters Patent for Hong Kong have been amended, to ensure that no law can be made in Hong Kong which restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to the territory. The amendment came into operation at the same time as the Bill of Rights Ordinance.

The Judiciary

The Chief Justice of Hong Kong is head of the judiciary. He is assisted in his administrative duties by the Registrar, seven Deputy Registrars and one Assistant Registrar of the Supreme Court. The Assistant Registrar is designated Chief Magistrate. Recruitment is underway for a Judiciary Administrator to take over from the Registrar the responsibility for assisting the Chief Justice in the overall administration of the judiciary. The new - Judiciary Administrator is expected to be in post next year. The Registrar and Deputy

Registrars will then be free to concentrate on their judicial and quasi-judicial duties.

The judiciary operates on the principle, fundamental to the common law system, of complete independence from the executive and legislative branches of government. This applies equally whether a dispute is between the government and an individual, or whether it involves private citizens or corporate bodies.

The most senior court in Hong Kong is presently the Supreme Court, comprising the Court of Appeal and the High Court. Sitting in the Supreme Court, in addition to the Chief Justice, are nine Justices of Appeal and 22 High Court Judges. The Registrar and Deputy Registrars also have jurisdiction as Masters of the Supreme Court in civil trials in the High Court. The jurisdiction of the High Court is unlimited in both civil and criminal matters. The Court of Appeal, the highest court in Hong Kong, hears both civil and criminal appeals from the High Court and from the District Court. Further appeal lies to the Judicial Committee of the Privy Council in London; however, this is infrequent, as leave to appeal is granted only on stringent conditions.

High Court Judges usually sit alone when trying civil matters, although there is a rarely-used provision for jury trials in certain cases, including defamation. For criminal trials, they sit with a jury of seven, or nine on special direction of the judge. The issue of guilt is determined by the jury, which must have a majority of at least five to two, except with charges attracting a death sentence, when unanimity is required.

The District Court has both civil and criminal jurisdiction. Its civil jurisdiction is limited to disputes involving a value up to $120,000, and its criminal jurisdiction provides for sentences up to seven years' imprisonment. Its judges sit without a jury and may try the more serious cases, the principal exceptions being cases alleging murder, manslaughter and rape, which are reserved for trial by the High Court. There are 29 Judges of the District Court.