ENG-1994 — Page 74

THE LEGAL SYSTEM

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The United Nations Convention on the Rights of the Child was extended to Hong Kong in 1994. It places Hong Kong under continuing international obligations to respect children's rights and protect their interests. The existing legislation and practice in Hong Kong concerning the protection of the rights of children are in full compliance with the convention as it is applied to Hong Kong.

The Judiciary

A key element in the past success and continuing attraction of Hong Kong is that its judicial system operates on the principle, fundamental to the common law system, of independence of the judiciary from the executive and legislative branches of government. The courts make their own judgements, whether disputes before them involve private citizens, corporate bodies or the government itself. The independence of the judiciary will be maintained after 1997, as provided for by the Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law.

The Chief Justice of Hong Kong is head of the judiciary. He is assisted in the overall administration of the judiciary by a Judiciary Administrator and her supporting team. Appointed in March, at a level equivalent to that of a government policy secretary in the Government Secretariat or a High Court Judge, the Judiciary Administrator has taken over from the Registrar, Supreme Court, as the administrative head of the judiciary. The Registrar now concentrates on his judicial and statutory duties.

The Hong Kong courts are organised, and staffed, on levels according to a number of factors, including the seriousness, complexity and number of cases handled, with the aim of ensuring fair and timely judgements and with a view to attracting and promoting the most appropriate judicial talent from as wide a pool as possible.

The most senior court in the territory is currently the Supreme Court, which covers both the Court of Appeal and the High Court. Sitting in the Supreme Court, in addition to the Chief Justice himself, are nine Justices of Appeal and 23 High Court Judges. The court's Registrar and Deputy Registrars serve as Masters of the Supreme Court in civil trials in the High Court. The Court of Appeal hears both civil and criminal appeals from the High Court and from the District Court. Further recourse for appeal lies with the Judicial Committee of the Privy Council in London.

The jurisdiction of the High Court is unlimited in both civil and criminal matters. Civil matters are usually tried by High Court Judges sitting without juries, 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 sometimes 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; where charges are serious enough to still attract the death sentence, unanimity of the jury is required for a guilty verdict.

The District Court is the next level of court below the High Court. Including a new post of Chief District Court Judge, there are 30 Judges, who always sit without a jury. The District Court's civil jurisdiction is currently limited to disputes involving a monetary value of up to $120,000. Its criminal jurisdiction is limited to crimes with sentences of up to seven years' imprisonment, excluding, for example, those cases alleging murder, manslaughter or rape. Jurisdictionally part of the District Court, the Family Court mostly deals with divorce cases, under the Family Judges.