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
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