ENG-2020 — Page 59

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The Legal System

In line with the principle of judicial independence, the pay and conditions of service of judges and judicial officers is determined by the Chief Executive-in-Council on the advice of an independent Standing Committee on Judicial Salaries and Conditions of Service.

The Chief Justice is the head of the Judiciary, assisted in its overall administration by the Judiciary Administrator.

The Court of Final Appeal, headed by the Chief Justice, is the HKSAR's highest appellate court. There are three permanent judges, four non-permanent Hong Kong judges and 13 non- permanent judges from other common law jurisdictions. The court, when sitting, will comprise five judges - usually the Chief Justice, three permanent judges and one non-permanent judge from another common law jurisdiction. If the Chief Justice is not available to sit, one of the three permanent judges will preside and an additional Hong Kong non-permanent judge will sit. If a permanent judge is not available to sit, again a Hong Kong non-permanent judge will sit in his place. The Registrar deals mainly with interlocutory and taxation matters.

The High Court, comprising the Court of Appeal and Court of First Instance, is headed by the Chief Judge of the High Court. There are 13 Justices of Appeal and 34 Judges of the Court of First Instance on the establishment. The Registrar, Senior Deputy Registrars and Deputy Registrars deal mainly with interlocutory and taxation matters.

The Court of Appeal hears civil and criminal appeals from the Court of First Instance, District Court and Lands Tribunal. The Court of First Instance has unlimited jurisdiction in all civil and criminal matters. Civil matters are usually tried by Court of First Instance judges sitting without juries, although there is a rarely used provision for jury trials in certain cases, including defamation. Criminal offences in the Court of First Instance are tried by a judge with a jury of seven, or when a judge so orders, a jury of nine. The Court of First Instance also hears appeals from the Magistrates' Courts, Minor Employment Claims Adjudication Board, Labour Tribunal and Small Claims Tribunal.

The Competition Tribunal has primary jurisdiction to hear and adjudicate competition-related cases. All judges of the Court of First Instance are members of the tribunal, while the Registrar, Senior Deputy Registrars and Deputy Registrars of the High Court hold the corresponding positions in the tribunal.

The District Court is one level below the Court of First Instance. It is led by the Chief District Judge, who is assisted by the Principal Family Court Judge. There are, at present, 42 District Judges on the establishment. There is no jury. The Registrar and Deputy Registrars deal mainly with civil interlocutory matters and taxation of costs. The District Court's general civil jurisdiction is limited to claims up to $3 million, or recovery of land where the rateable value does not exceed $320,000. It has jurisdiction over employees' compensation, equal opportunities and matrimonial matters including divorce, custody, maintenance and adoption. It also has jurisdiction to hear stamp duty assessment appeals. It tries criminal cases except murder, manslaughter and rape. The maximum sentencing power is seven years' imprisonment.

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