ENG-1995 — Page 58

THE LEGAL SYSTEM

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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.

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 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 25 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 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 defama- tion. For criminal trials, they sit with a jury of seven, or sometimes nine on special direction of the judge.

The District Court is the next level of court below the High Court. As well as the new post of Chief District Court Judge, there are 33 Judges, who sit without a jury. The District Court's civil jurisdiction is currently limited to disputes involving a monetary value of up to $120,000. In its criminal jurisdiction, the District Court may try most serious cases with a few exceptions such as murder, manslaughter and rape. The maximum term of imprisonment it can impose is seven years. It also exercises appellate jurisdiction in stamp duty appeals. Jurisdictionally part of the District Court, the Family Court deals with divorce, adoption and family-related matters.

The Magistrates' Courts have the highest volume of cases of all the courts, trying some 90 per cent of the cases heard annually in Hong Kong. Including one Chief and 10 Principal Magistrates, there are 63 professional magistrates sitting in 10 magistracies: two on Hong Kong Island, four in Kowloon and four in the New Territories. They have a purely criminal jurisdiction covering a wide range of offences. Professional magistrates are empowered to impose sentences of up to three years' imprisonment and fines of up to $5 million for certain offences under the Gambling Ordinance. They also try cases in the Juvenile Court, which has jurisdiction in charges against children and young persons aged up to 16 years, except in cases involving homicide. In addition to the professional magistrates, there are 11 Special Magistrates, who are not legally qualified. They handle routine cases such as littering and minor traffic offences. Their powers of sentencing are limited to fines of up to $50,000.

In addition to these principal courts of civil and criminal jurisdiction, there are five tribunals presided over by 21 judicial officers. The Small Claims Tribunal hears minor civil claims, up to a limit of $15,000 at present. The Labour Tribunal hears civil claims arising from contracts of employment. The Lands Tribunal, which forms