In addition, there are a number of tribunals which have jurisdiction to adjudicate on disputes relating. Hong kongs court of final appeal edited by simon n. As defined in the basic law of hong kong, the court of. It deals with appeals on all civil and criminal cases from the court of first instance and the district court. The prc insisted that britain should promise not to table the draft bill to the legco without beijings endorsement.
The court of final appeal has handed down an important judgment regarding bribery charges against former tvb general manager and tv presenter, stephen chan and his assistant, tseng peikun. The judicial autonomy of hong kong after china resumed to exercise. An overview of the hong kong court of final appeal ordinance cap. 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.
It replaced the judicial committee of the privy council in london as the highest appellate court in hong kong, to safeguard the rule of law after june 30, 1997. Guaranteed to be the highest level of quality and accuracy. Court of final appeal hong kong news newspapers books. A as applied by rule 57 of the hong kong court of final appeal rules cap. It was originally the home of the supreme court from 1912 to 1983, and then was briefly taken over by the legislative council 1985 to 2011 before the court of final appeal moved in in 2015. The current home of the cfa is the building that housed the supreme court of hong kong from 1912 to 1984 and was then occupied by the legislative council from 1985 to 2011. A few questions about hong kong s historic right of abode case twenty years ago, the court of final appeal made its landmark judgment in the right of abode case, but its power to.
The chinese translation of the practice directions in english has been prepared by the court language section of the judiciary. In a case spanning seven years, chan and tseng were twice acquitted at first instance but found guilty of bribery by the court of appeal in november 2015. It amended various ordinances with a view to improve various courtrelated matters. The island was ceded by qing dynasty in the aftermath of the war in 1842 and established as a crown colony in 1843. The courts of justice in hong kong are the court of final appeal, the high court which comprises the court of appeal and the court of first instance, the district court, the magistrates courts, the coroners court, and the juvenile court. Nielsen book data summary in the years since it was established on 1 july 1997, hong kongs court of final appeal has developed a distinctive body of new law. The court of final appeal of hong kong is the court which has the final adjudication power on all the laws of the city of hong kong. Please set the page orientation to landscape for printing of bilingual texts on a single page. As its most senior member, the chief justice presides when he is sitting as part of the court or appeal committee. The secondary sources include law books, encyclopaedias, digests, periodicals, theses dissertations, dictionaries, directories. The politics of the debate over the court of final appeal. Hong kongs top court on wednesday upheld a corruption conviction against a billionaire property tycoon, putting an end to one of the most highprofile. Rogers vp pursuant to s 25 of the hong kong court of final appeal ordinance, cap 484.
This article analyzes the first ten years of constitutional rights cases in hong kongs court of final appeal from 1999 to 2009. Since then, it has served as the court of last resort, thus administering the power of final adjudication on the laws of hong kong. Both the practice directions in english and the chinese translation are available. The court of final appeal ordinance 1997 established the court of final appeal. Hong kong bill of rights ordinance came into force shortly before that date on 8.
The administration of justice miscellaneous provisions ordinance 2014 came into effect on 24 december 2014. From the early 1980s, i was very much disturbed that the laws we taught had no consent from the people they governed, due to the lack of any real. Try searching on jstor for other items related to this book. Pdfs available to download exactly as they appear in print. Hong kongs highest court will hear in august an appeal application from the two ousted youngspiration lawmakers over their disqualifications. In the years since it was established on 1 july 1997, hong kongs court of final appeal has developed a distinctive body of new law and doctrine with the help of. Surrounded by hong kongs financial institutions, the court of final appeal still manages to look dignified thanks to its neoclassical structure, ionic columns and the. Law and justice in hong kong offers readers an accessible and updated account of the legal system of hong kong, the only common law jurisdiction in east asia. Hong kong court of final appeal quashes conviction of tvb. Court of final appeal under the provisions in the basic law and the hong kong court of final appeal ordinance cap 484, the judges of the court of final appeal are appointed by the chief executive, in accordance with the recommendations of an independent commission, and those appointments must be endorsed by the legislature.
The court of appeal hears appeals on criminal and civil matters from the court of first instance, the competition tribunal, the district court, the lands tribunal and various tribunals and statutory bodies by virtue of the ordinance. Hong kong court of final appeal fees amendment rules 2009. Appeals to the judicial committee of the privy council ceased on 30 june 1997. Cjs speech at ceremonial opening of the court of final appeal. The court of final appeal is now the highest appellate court serving hong kong. The court consists of the chief justice and not less than three permanent judges. It is one of two courts that makes up the high court of hong kong which was formerly known as the supreme court of hong kong. Hong kongs authorised official law report focusing on court of final appeal decisions. In the years since it was established on 1 july 1997, hong kongs court of final appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. It is located in the former french mission building, in the central district of hong kong island. Abolition of civil appeals as of right to the hong kong. Hong kongs top court upholds property tycoons graft. British hong kong was a colony and british dependent territory of the united kingdom from 1841 to 1997, apart from a brief period under japanese occupation from 1941 to 1945.
On behalf of the hong kong judiciary, i extend a warm welcome to all of you at. Court of final appeal under the provisions in the basic. The court, when sitting, will comprise five judges. China has granted hong kong a high degree of autonomy through the basic law under the principle of one. If the british adopted any unilateral action, the cofa and even the entire hong kong legal system, according to. Court of final appeal to consider application of ousted. The primary issue concerning egana on appeal is whether an estoppel by convention arises on the facts, and if so, whether it enables mr unruh to establish eganas liability to pay the special bonus. The court of final appeal will hear civil appeals from any final judgment of the court of appeal if the matter in dispute concerns an amount of hkd1,000,000 or. The court of final appeal in hong kong 223 perspective.
Conclusion after holding it had jurisdiction under s. Yash ghai and simon young have succeeded in bringing out an excellent book, an indispensable guide to the working of the judiciary in hong kongs new. Hong kong court of final appeal history of the judiciary. Final appeals part i hong kongs court of final appeal. The hong kong court of final appeal hkcfa or cfa is the final appellate court of hong. Short title and commencement 1 this ordinance may be cited as the hong kong court of final appeal ordinance. Under the basic law, the constitutional document of hong kong, the special administrative region remains a common law jurisdiction. Ltd v ag of hong kong 1985 1 ac 1, lord scarman at 14 and 16. Hong kong court of final appeal attractions in central. Article 158 contains three novel elements when viewed from a common law. A unique, neoclassical structure in the heart of the city. Over the years, the court of final appeal building has housed many parts of hong kongs government.
The practice directions in english are the authentic version. They may be searched and viewed by subject matters. In its caseload of 45 rights cases, the court heard a diverse range of rights issues and upheld the majority of the rights arguments. On the first of july in the year 1997, hong kongs sovereignty was transferred from the united kingdom to china. Judgment by the hong kong court of final appeal feb. Sir anthony mason from australia and lord hoffman from the uk have sat on many occasions. This book is primarily about how a former british colony, now a part of china, established its own final court to replace the privy council, and how that court under a new constitutional order developed the law in hong kong in its first thirteen years, under the leadership of its first chief justice, andrew li. Former french mission building, the court of final appeal building from 1997 to 2015. Constitutional rights in hong kongs court of final appeal. The harbour is and has throughout the history of hong kong been a central part of its identity. Macaus court of final appeal jorge godinho and paulo cardinal24. The registrar of the hong kong institute of certified public accountants complainant. The court of appeal of the high court of hong kong is the second most senior court in the hong kong legal system.
The colonial period began with the occupation of hong kong island in 1841 during the first opium war. The court of final appeal has pointed out that the basic law of the hksar, which stipulates and. To print the whole chapter in html, please click at the bottom of the toc panel and then click. It was established on july 1, 1997 upon the commencement of the hong kong court of final appeal ordinance. This brief historical account of the construction of the building. A few questions about hong kongs historic right of abode.
Hong kongs father of democracy arrested while mainland. Court of final appeal moves into former legislative. An overview of the hong kong court of final appeal rules. Localist politicians yau waiching and baggio leung. The history of judiciary autonomy in the hksar is actually a story about how the. I explained to them that i was ordered by the hong kong court to provide the documents, and they denied my request. The appellant is a company incorporated under the laws of the island. The most significant of these amendments is the repeal of section 221a of the hong kong court of final appeal ordinance cap 484 the hkcfao. The hong kong court of final appeal ordinance provides that an.
The court of final appeal accordingly concluded that the requirement of a sufficient connection with hong kong for the purposes of s. The chief justice of the hong kong court of final appeal is the head of the hong kong judiciary. Court of final appeal and the development office of the judiciary the relocation of the history 190012 construction of the supreme court 1912 governor sir frederick lugard officially opened the supreme court 194145 headquarters of the hong kong military police under japanese occupation 194578 the supreme court continued operation. The language of the statute which must be examined includes not only the wording of the offence but also any defence which may be provided in. The hong kong court of final appeal is the final appellate court of hong kong. An ordinance to establish a court of final appeal for hong kong, and for matters incidental thereto and connected therewith. Judgment by the hong kong court of final appeal the new.