Court of Final Appeal
Encyclopedia
The Court of Final Appeal of Hong Kong is the court with the final adjudication power on the laws of Hong Kong
.
Before 1 July 1997, Hong Kong was a British dependent territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council
in London
. The sovereignty of Hong Kong was transferred from the United Kingdom
to the People's Republic of China
on 1 July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong
. Since then, it serves as the court of last resort, thus executing the power of final adjudication on the laws of Hong Kong.
Under the Basic Law
, the constitutional document of Hong Kong, the special administrative region remains a common law
jurisdiction. Judges from other common law jurisdictions (including England and Wales
) can be recruited and serve in the judiciary according to Article 92 of the Basic Law.
The court has the power of final interpretation with regard to all laws in force in Hong Kong save the Basic Law. The power of interpretation of the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law. However, the same Article delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. The courts' power of interpretation is necessary for any judicial activities to be carried out. Controversy regarding this power of interpretation arose in the right of abode issue
in 1999.
The court is located in the Former French Mission Building
, in Central
. The Hong Kong Government is planning to relocate it to the present Legislative Council Building
, which was originally designed to be a lawcourt and was once the location of the colonial Supreme Court, in 2011.
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
.
Before 1 July 1997, Hong Kong was a British dependent territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. The sovereignty of Hong Kong was transferred from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
on 1 July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong
Central, Hong Kong
Central is the central business district of Hong Kong. It is located in Central and Western District, on the north shore of Hong Kong Island, across Victoria Harbour from Tsim Sha Tsui, the southernmost point of Kowloon Peninsula...
. Since then, it serves as the court of last resort, thus executing the power of final adjudication on the laws of Hong Kong.
Under the Basic Law
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
, the constitutional document of Hong Kong, the special administrative region remains a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction. Judges from other common law jurisdictions (including England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
) can be recruited and serve in the judiciary according to Article 92 of the Basic Law.
The court has the power of final interpretation with regard to all laws in force in Hong Kong save the Basic Law. The power of interpretation of the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law. However, the same Article delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. The courts' power of interpretation is necessary for any judicial activities to be carried out. Controversy regarding this power of interpretation arose in the right of abode issue
Right of abode issue, Hong Kong
The right of abode in Hong Kong is the right to legally reside in Hong Kong and was governed by rules both under British and Chinese administration. As the People's Republic of China stood to resume sovereignty over Hong Kong in 1997, the nationality of Hong Kongers as well as their right of abode...
in 1999.
The court is located in the Former French Mission Building
Former French Mission Building
The Former French Mission Building is a declared monument of Hong Kong. It is located at 1, Battery Path, Central. It currently houses the Court of Final Appeal of Hong Kong.-Features:...
, in Central
Central, Hong Kong
Central is the central business district of Hong Kong. It is located in Central and Western District, on the north shore of Hong Kong Island, across Victoria Harbour from Tsim Sha Tsui, the southernmost point of Kowloon Peninsula...
. The Hong Kong Government is planning to relocate it to the present Legislative Council Building
Legislative Council Building
The Legislative Council Building of Hong Kong, also called the Former Supreme Court Building , was the home of the former Supreme Court until 1985, when it was renamed and became home to the Legislative Council of Hong Kong. Members of the Council and the President have offices in this building...
, which was originally designed to be a lawcourt and was once the location of the colonial Supreme Court, in 2011.
Permanent judges
| Title and name | Date of birth | Appointed by | Took office | Prior positions |
|---|---|---|---|---|
| Chief Justice of the Court of Final Appeal Chief Justice of the Court of Final Appeal The Chief Justice of the Court of Final Appeal of Hong Kong is the head of and the most senior judge in the Hong Kong judiciary. The position is second only to the Chief Executive of Hong Kong in the Hong Kong order of precedence... The Hon Mr Justice Geoffrey Ma Geoffrey Ma Geoffrey Ma Tao-li is currently the Chief Justice of the Court of Final Appeal of Hong Kong, who ranks second only to the Chief Executive of Hong Kong in the Hong Kong order of precedence.... |
January 1956  Hong Kong |
Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2010 | Recorder of the Court of First Instance of the High Court (2000-2001), Judge of the Court of First Instance (2001-2002), Justice of Appeal of the Court of Appeal of the High Court (2002-2010), Chief Judge of the High Court in Hong Kong (2003-2010) |
| The Hon Mr Justice Bokhary Kemal Bokhary Syed Kemal Shah Bokhary is a judge in Hong Kong. , he serves as one of the three Permanent Judges of Hong Kong's Court of Final Appeal.-Early life and family:... |
1947 Hong Kong |
Tung Chee-Hwa | 1997 | Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :... , Justice of Appeal of the Court of Appeal Court of Appeal (Hong Kong) The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts of Hong Kong. It is one of two courts that makes up the High Court of Hong Kong.... 1993-1997 |
| The Hon Mr Justice Chan Patrick Chan (judge) Patrick Chan Siu-oi is a judge in Hong Kong. He is currently one of the three Permanent Judges of the Court of Final Appeal.-Early life and education:... |
Hong Kong |
Tung Chee-Hwa | 2000 | Chief Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :... |
| The Hon Mr Justice Ribeiro Robert Ribeiro Robert Ribeiro is a Hong Kong judge and honorary lecturer in law at the University of Hong Kong. He is currently serving one of the three permanent judges for the Court of Final Appeal in Hong Kong.-Early life and education:... |
1949 Hong Kong |
Tung Chee-Hwa | 2000 | Recorder of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :... 1997, Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :... 1999, Justice of Appeal of the Court of Appeal Court of Appeal (Hong Kong) The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts of Hong Kong. It is one of two courts that makes up the High Court of Hong Kong.... 1999-2000 |
Non-Permanent judges
| Title and name | Date of birth | Appointed by | Took office | Prior positions |
|---|---|---|---|---|
| Mr Gerald Nazareth Gerald Nazareth Gerald Paul Nazareth, GBS is a senior judge in Hong Kong and Bermuda.-Judicial career:Nazareth is one of the non-permanent judges of the Court of Final Appeal in Hong Kong.-Honours:... , GBS |
Vice President of the Court of Appeal of Hong Kong, Justice of the Court of Appeal of Bermuda | |||
| The Hon. Justice John B. Mortimer John B. Mortimer John Barry Mortimer, GBS is a senior judge in Hong Kong.-Judicial career:Mortimer is one of the non-permanent judges of the Court of Final Appeal in Hong Kong.-References:... , GBS QC |
7 August 1931 | Tung Chee-Hwa | 1997 | Justice of High Court of Justice of England and Wales from 1985 to 1993, Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... from 1993 to 1997, and Vice President of the Court of Appeal of England and Wales Court of Appeal of England and Wales The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it... from 1997 to 1999 |
| The Hon Henry Litton Henry Litton Henry Litton CBE, GBM is a retired judge in Hong Kong.Born into a Eurasian family in Hong Kong, Henry Litton excelled in school during his early years in England and was educated in King's College, Taunton and Merton College, Oxford, where he graduated with honors in jurisprudence.After passing... , GBM |
1934 Hong Kong |
Tung Chee-Hwa | 1997 | Chairman of Hong Kong Bar Association Hong Kong Bar Association The Hong Kong Bar Association is the professional regulatory body for barristers in Hong Kong, and was founded in 1949. Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association... ; Vice President of the Hong Kong Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000 |
| The Hon Sir Anthony Mason | 21 April 1925 | Tung Chee-Hwa | 1997 | Former Chief Justice Chief Justice of Australia The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia... of the High Court of Australia High Court of Australia The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... and judge of the Supreme Court of New South Wales Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales... |
| The Rt Hon the Lord Hoffmann Leonard Hoffmann, Baron Hoffmann Leonard Hubert "Lenny" Hoffmann, Baron Hoffmann, PC is a retired senior British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009... |
8 May 1934  Union of South Africa |
Tung Chee-Hwa | Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord) of the UK House of Lords Judicial functions of the House of Lords The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's... ; former Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... |
|
| The Hon Sir Gerard Brennan Gerard Brennan Sir Francis Gerard Brennan, AC, KBE, QC , is an Australian lawyer, judge and 10th Chief Justice of Australia. He is father to Jesuit priest and lawyer Frank Brennan.... |
22 May 1928 | Tung Chee-Hwa | 2000 | Former Chief Justice of Australia Chief Justice of Australia The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia... , High Court of Australia High Court of Australia The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... ; Federal Court of Australia Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges... |
| The Rt Hon the Lord Millett Peter Millett, Baron Millett Peter Julian Millett, Baron Millett, PC, QC is a British former judge and barrister.The son of Denis and Adele Millett was educated at Harrow School, London and Trinity Hall, Cambridge, where he received a Master of Arts in classics and law in 1954. From 1955 to 1957, he served as Flying Officer... |
23 June 1932 | Tung Chee-Hwa | 2000 | Law Lord, House of Lords (UK) |
| The Rt Hon the Lord Woolf of Barnes Harry Woolf, Baron Woolf Harry Kenneth Woolf, Baron Woolf, PC, FBA, , born 2 May 1933, was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales... |
2 May 1933 | Tung Chee-Hwa | 2003 | Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord); and former Lord Chief Justice of England and Wales Lord Chief Justice of England and Wales The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,... |
| The Rt Hon the Lord Scott of Foscote Richard Scott, Baron Scott of Foscote Richard Rashleigh Folliott Scott, Baron Scott of Foscote PC, QC , is a British judge, who formerly held the office of Lord of Appeal in Ordinary.-Early life:... |
2 October 1934 Union of South Africa |
Tung Chee-Hwa | 2003 | Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord); former justice of High Court of Justice High Court of Justice The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales... of England and Wales (Chancery Division), Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... , Vice-Chancellor of the Supreme Court |
| The Hon. Michael McHugh Michael McHugh Michael Hudson McHugh, AC, QC is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Judicial Activity:... |
1 November 1935 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2005 | Former justice of the High Court of Australia High Court of Australia The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... |
| The Rt Hon Sir Thomas Gault Thomas Gault Sir Thomas Munro Gault, KNZM, QC, PC was a Justice of the Supreme Court of New Zealand and is a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong.... |
31 October 1938 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
||
| The Hon. Murray Gleeson Murray Gleeson Anthony Murray Gleeson AC QC is a former Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:Gleeson was born in Wingham, New South Wales, the eldest of four children... , AC |
30 August 1938 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2008 | Former chief justice of the High Court of Australia High Court of Australia The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... |
| The Rt Hon the Lord Walker of Gestingthorpe Robert Walker, Baron Walker of Gestingthorpe Robert Walker, Baron Walker of Gestingthorpe, PC, QC is an English barrister and Justice of the Supreme Court of the United Kingdom... |
17 March 1938 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
||
| The Hon Mr Justice Michael J. Hartmann | 24 July 1944  British Raj |
Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2010 | Justice of the Court of Appeal of Hong Kong, Justice of the Court of First Instance of Hong Kong, Judge of the District Court of Hong Kong |
| The Rt Hon the Lord Neuberger of Abbotsbury | 10 January 1948 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
||
| The Rt Hon the Lord Collins of Mapesbury | 7 May 1941 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2011 | Justice of the Supreme Court of the United Kingdom Justice of the Supreme Court of the United Kingdom Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland... ; Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord); Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... |
| The Rt Hon the Lord Clarke of Stone-cum-Ebony | 13 May 1943 | Donald Tsang Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
2011 | Justice of the Supreme Court of the United Kingdom Justice of the Supreme Court of the United Kingdom Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the President and Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland... ; Master of the Rolls Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal... and Records of the Chancery of England; Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... |
See also
- Judiciary of Hong KongJudiciary of Hong KongThe Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the...
- Legal system of Hong KongLegal system of Hong KongThe law of Hong Kong is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Hong Kong Basic Law. Under the principle of ‘one country, two systems’, the legal framework of Hong Kong is based on the English common law,...
- Supreme Court of Hong Kong
- Court of Appeal, Hong KongCourt of Appeal (Hong Kong)The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts of Hong Kong. It is one of two courts that makes up the High Court of Hong Kong....
- Court of Final Appeal, MacauCourt of Final Appeal (Macau)The Court of Final Appeal is the court with the final adjudication power on laws of Macau Special Administrative Region of the People's Republic of China...
- Charles ChingCharles ChingCharles Ching was a judge in Hong Kong.Born Charles Arthur Ching into an intellectual family in Hong Kong, Ching was educated in Hong Kong and England...