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Court Of First Instance (Hong Kong)
The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law after the handover of Hong Kong. The Court of First Instance is the highest court in Hong Kong that can hear cases at first instance with unlimited jurisdiction in both civil and criminal matters. It hears predominantly civil cases but only relatively few criminal cases were heard at first instance, mostly involving the most serious crimes such as homicide offences, rape, serious drugs offences and major commercial frauds. It is also an appellate court hearing appeals against decisions made by Masters as well as those of: * Magistrates' Courts * Small Claims Tribunal * Obscene Articles Tribunal * Labour Tribunal *Minor Employment Claims Adjudication Board It is the only court in Hong Kong where cases are tried by a judge with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the world. Hong Kong was established as a colony of the British Empire after the Qing dynasty ceded Hong Kong Island in 1841–1842 as a consequence of losing the First Opium War. The colony expanded to the Kowloon Peninsula in 1860 and was further extended when the United Kingdom obtained a 99-year lease of the New Territories in 1898. Hong Kong was occupied by Japan from 1941 to 1945 during World War II. The territory was handed over from the United Kingdom to China in 1997. Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of one country, two systems. Originally a sparsely populated area of farming and fishing villages,. the territory is now one of the world's most signific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty, Hong Kong
Admiralty () is the eastern extension of the central business district (adjacent to, but separate from, Central, Hong Kong, Central) on the Hong Kong Island of Hong Kong. It is located on the eastern end of the Central and Western District, bordered by Wan Chai to the east and Victoria Harbour to the north. The name of ''Admiralty'' refers to the former Admiralty Dock in the area which housed a naval dockyard. The dock was later demolished when land reclamation in Hong Kong, land was reclaimed and developed northward as the naval base . The Cantonese name, ''Kam Chung'' (), "Golden Bell", refers to a gold-coloured Bell (instrument), bell that was used for timekeeping at Wellington Barracks, Hong Kong, Wellington Barracks. History The area was developed as a military area by the British Army, British military in the 19th century. They built the Wellington Barracks, Murray Barracks, Victoria Barracks, Hong Kong, Victoria Barracks and Admiralty Dock at the site. Following the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). With nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration. The Basic Law was enacted under the Constitution of China when it was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong. It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions. Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems" principle, such that the socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong (commonly cited as "CA" or "HKCA") is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil law (common law), civil and criminal law, criminal cases from the Court of First Instance of Hong Kong, Court of First Instance and the District Court of Hong Kong, District Court. It is one of two courts that make up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts (Hong Kong), Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice (Hong Kong), Secretary for Justice. This court also hears appeals from the Lands Tribunal (Hong Kong), Lands Tribunal and various tribunals and statutory bodies. History Before 1976 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of The Hong Kong Special Administrative Region
The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It 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 is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Walesformerly the Supreme Court of England and Wales, renamed by the and has never been vested with the power of final adjudication. Composition Eligibility and appointment A person who has practised for at least 10 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a High Court Judge or Recorder. A person who has practised for at least 5 years as a barrister, advocate, solicitor or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Hong Kong
The Supreme Court of Hong Kong was the highest court from 1976 to 1997 in British Hong Kong. It heard cases of first instance and appeals from the District and Magistrates Courts as well as certain tribunals. The Supreme Court was from 1976 made up of the High Court of Justice and the Court of Appeal. Following the handover on 1 July 1997, the Supreme Court became the High Court of Hong Kong, which is made up of the Court of First Instance and the Court of Appeal. History Establishment The Supreme Court was established in 1844 after Hong Kong became a British Crown colony under the Treaty of Nanjing. The first sitting of the court was on 1 October 1844 presided over by the first Chief Justice, John Walter Hulme. Appeals For almost 70 years after establishment of the court, there was no Court of Appeal in Hong Kong. Appeals were either by way of re-hearing or made directly to the Judicial Committee of the Privy Council. From 1913, appeals were heard by a Full Court ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handover Of Hong Kong
The handover of Hong Kong from the United Kingdom to the People's Republic of China was at midnight on 1 July 1997. This event ended 156 years of British rule in the former colony, which began in 1841. Hong Kong was established as a special administrative region of China (SAR) for 27 years, maintaining its own economic and governing systems from those of mainland China during this time, although influence from the central government in Beijing increased after the passing of the Hong Kong national security law in 2020. Hong Kong had been a colony of the British Empire since 1841, except for four years of Japanese occupation from 1941 to 1945. After the First Opium War, its territory was expanded in 1860 with the addition of Kowloon Peninsula and Stonecutters Island, and in 1898, when Britain obtained a 99-year lease for the New Territories. The date of the handover in 1997 marked the end of this lease. The 1984 Sino-British Joint Declaration had set the conditions unde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court (Hong Kong)
Magistrates' courts in Hong Kong have criminal jurisdiction over a wide range of offenses, and in general these offenses must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the District Court or the Court of First Instance depending on the seriousness of the crime. Summary offences can only be tried in a magistrates' court, while indictable-only and either-way offences are commonly transferred to the District Court or Court of First Instance for trial. Cases are always heard before a single magistrate, who must have qualified as a barrister or solicitor either in Hong Kong or in another common law jurisdiction and have had substantial professional experience. Magistrates Appointment and retirement Since 2019, the retirement age for magistrates is 65. Types of magi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of Hong Kong
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters. It is fundamental to the Hong Kong legal system that members of the judiciary are independent of the executive and legislative branches. The courts of law in Hong Kong comprise the Hong Kong Court of Final Appeal, the High Court of Hong Kong (which includes the Court of Appeal and the Court of First Instance), the District Court, the Magistrates' Courts, and other special courts and tribunals set up by law. The Chief Justice of the Court of Final Appeal is head of the judiciary and assisted in his administrative duties by the Judiciary Administrator. A bilingua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secretary For Justice (Hong Kong)
The secretary for justice () is the head of the Hong Kong Department of Justice, the chief legal advisor to the chief executive of Hong Kong and the government, and the chief law enforcement officer of the Government of Hong Kong. Before the transfer of sovereignty over Hong Kong in 1997, the position was known as the Attorney-General of Hong Kong. The secretary for justice, nominated by the Chinese government on the advice of the chief executive, is an ''ex officio'' member of the Executive Council of Hong Kong. The secretary takes office after appointment by the Government of the People's Republic of China, which is responsible for Hong Kong's foreign affairs and defence. The secretary for justice also belongs to the Policy Committee, which is chaired by the chief secretary, The Office of the Secretary for Justice was established by the Hong Kong Basic Law, which guarantees the power of the Department of Justice to control criminal prosecutions free from any interference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
' (; Latin plural ') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. The process of determining the ''ratio decidendi' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Court Of Final Appeal
The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Hong Kong Basic Law, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Court cases can be viewed online through live broadcast and webcast playback from April 2025 onward under a pilot scheme of 2 years. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
