Hong Kong Court of Final Appeal

The Hong Kong Court of final appeal is the highest court of appeal in the Hong Kong Special Administrative Region of the people's Republic of China. It hears civil and criminal appeals from the high court of Hong Kong (including the court of appeal and the court of first instance). It has final jurisdiction over proceedings within the jurisdiction of Hong Kong. The Hong Kong Court of final appeal is currently located in the former French foreign mission building in the fort in central, Hong Kong Island.

Hong Kong Court of Final Appeal

The court of Final Appeal (Hong Kong) is the highest court of appeal in the Hong Kong Special Administrative Region of the people's Republic of China. It hears civil and criminal appeals from the high court of Hong Kong (including the court of appeal and the court of first instance). It has the final jurisdiction over proceedings within the jurisdiction of Hong Kong. The Hong Kong Court of final appeal is located in the former Legislative Council Building (former site of the Supreme Court). After the Legislative Council moves to the new government headquarters, the French foreign missionary building in front of the original site of the court of final appeal will also be transferred to other departments or the Anglican Church.

Historical evolution

Before the sovereignty of Hong Kong was transferred to the people's Republic of China in 1997, the jurisdiction of final adjudication in Hong Kong belonged to the judicial committee of the Privy Council. Later, in order to embody one country, two systems, the court of final appeal was established on July 1, 1997 in accordance with the basic law of Hong Kong.

According to the basic law of Hong Kong, Hong Kong still has a common law system. The court may also employ judicial officers from other common law regions when deciding cases, such as England and Australia.

Legal interpretation dispute

The Hong Kong Court of final appeal has the final power to interpret Hong Kong laws other than the basic law of Hong Kong. Based on the judgment of the Hong Kong Court of final appeal on the Liu gangrong case, the Hong Kong Court of final appeal can still interpret the Hong Kong Basic Law, but it has no final power of interpretation. According to Article 158 of the basic law, the power of interpretation of the basic law belongs to the Standing Committee of the National People's Congress of the people's Republic of China; the Standing Committee of the National People's Congress authorizes the Hong Kong courts to interpret the provisions of the basic law on the scope of Hong Kong's autonomy on their own. As the power of the court of final appeal to interpret the basic law comes from the Standing Committee of the National People's Congress, the Standing Committee's interpretation of the basic law can overturn the interpretation of the basic law by the court of final appeal, but it can not directly overturn the judgment of the court of Final Appeal.

judge

Appointment of judges

Under section 12 of the Hong Kong Court of final appeal Ordinance (cap. 484), professional qualifications of judges, any of the following persons is eligible for appointment as Chief Justice:

1. Any of the following persons shall be eligible for appointment as permanent judges:

The chief justice of the high court, the judge of the court of appeal or the original judge

Judge of the court of first instance

* barristers who have been practising as barristers or solicitors in Hong Kong for at least 10 years

2. Any of the following persons shall be eligible for appointment as a non permanent Hong Kong judge, whether or not he is ordinarily resident in Hong Kong:

Retired chief justice of the high court

Retired Chief Justice

Retired permanent judges of the court of Final Appeal

Current or retired judges of the court of appeal

* barristers who have been practising as barristers or solicitors in Hong Kong for at least 10 years

3. Any person who:

A serving or retired judge of a court of unlimited civil or criminal jurisdiction in another common law jurisdiction

Generally living outside Hong Kong

* never been a high court judge, district judge or permanent magistrate in Hong Kong

On June 18, 2020, the Hong Kong Legislative Council passed a resolution to appoint Zhang Juneng as the chief justice of the court of final appeal, which will take effect on January 11, 2020.

List of judges

chief justice

The Hon chief justice Geoffrey Ma

Permanent judges

The Hon Mr Justice Bokhary

The Hon Mr Justice Chan

The Hon Mr Justice Ribeiro

Non permanent judges

Mr. Gerald Paul Nazareth, GBS

Mr. Ma Tianmin, GBS

Mr. lie Xianlun, the Hon Henry Denis little, GBM

The Hon Mr Justice Tang, SBS

The Hon Mr Justice stock

The Hon Mr Justice Hartmann

The Hon Sir Anthony Mason

The Rt Hon the Lord Hoffmann

The Hon Sir Gerard Brennan

The Rt Hon the Lord Millett

The Rt Hon the Lord wolf of Barnes

The Rt Hon the Lord Scott of foscote

Mr. Michael McHugh

The Rt Hon Sir Thomas Munro Gault

Mr Murray Gleeson

The Rt Hon the Lord Walker of gestingthorpe

The Rt Hon the Lord neighbor of abbotsbury

Benefits and benefits

The chief justice of the court of final appeal will be allocated an official residence at 18 Fu Shan Road, Hong Kong.

The special license plate for the chief justice is CJ, which is short for chief justice.

Address: 1 battery lane, central, Hong Kong

Longitude: 114.159734

Latitude: 22.279422

Chinese PinYin : Xiang Gang Zhong Shen Fa Yuan