Court of Final Appeal (Hong Kong)
From Wikipedia, the free encyclopedia
- For the Court of Final Appeal in Macau, see Court of Final Appeal, Macau.
The Court of Final Appeal (traditional Chinese: 終審法院) is the court with the final adjudication power on the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
In Hong Kong, the power of final adjudication (court of last resort) on the laws of Hong Kong, which was formerly vested in the Privy Council during the British colonial administration, is now vested in the Court of Final Appeal after Hong Kong's handover to the People's Republic of China ("the PRC") on 1st July 1997.
Under the Basic Law, the constitutional document of Hong Kong, the region remains a common law jurisdiction. Consequently, judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law.
On the other hand, the power of interpretation of the Basic Law, being part of the national law of the PRC, 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", it must be noted that issuing an interpretation does not affect any court judgments already passed. 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.
[edit] List of judges
- Permanent Judges of the Court of Final Appeal
| Title and name | Date of birth | Appointed by | Took office | Prior positions |
|---|---|---|---|---|
| Chief Justice of the Court of Final Appeal The Hon Mr Justice Andrew Li Kwok-nang | December 1948  Hong Kong |
Tung Chee-Hwa | 1997 | Deputy (part time) Judge of the District Court of Hong Kong 1982, Justice of the Peace 1985, Deputy High Court Judge 1991, member of the Executive Council at-large 1992 |
| The Hon Mr Justice Bokhary | 1947 Hong Kong |
Tung Chee-Hwa | 1997 | Judge of the High Court, Justice of Appeal of the Court of Appeal 1993-1997 |
| The Hon Mr Patrick Chan | Hong Kong |
Tung Chee-Hwa | 2000 | Chief Judge of the High Court |
| The Hon Mr Justice Ribeiro | 1949 Hong Kong |
Tung Chee-Hwa | 2000 | Recorder of the High Court of Hong Kong 1997, Judge of the High Court 1999, Justice of Appeal of the Court of Appeal |
Non-Permanent Judges of the Court of Final Appeal
| Title and name | Date of birth | Appointed by | Took office | Prior positions |
|---|---|---|---|---|
| Sir Derek Cons | 15 July 1928  Brunei |
President of the Court of Appeals of Brunei | ||
| Mr William James Silke | ||||
| Mr Kutlu Tekin Fuad | Brunei |
Appellate Court of Brunei | ||
| Hon Mr Philip Gerard Clough | ||||
| Sir Noel Plunkett Power, GBS |  Australia |
Tung Chee-Hwa | 1997 | acting Chief Justice of the Supreme Court of Hong Kong 1996-1997; magistrate, member of the Lands Tribunal, Justice of the High Court (Hong Kong) |
| Hon Mr Gerald Paul Nazareth, GBS | Justice of the Court of Appeal of Bermuda | |||
| The Hon Mr John Barry Mortimer, GBS QC | 7 August 1931  United Kingdom |
Tung Chee-Hwa | 1997 | High Court Judge from 1985 to 1993, a Justice of Appeal from 1993 to 1997, and from 1997 to 1999 served as Vice President of the Court of Appeal |
| The Hon Mr Henry Denis Litton, GBM | 1934 Hong Kong |
Tung Chee-Hwa | 1997 | Chairman of Hong Kong Bar Association; Vice President of the Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000 |
| The Hon Sir Anthony Mason | 1925 Australia |
Tung Chee-Hwa | 1997 | former Chief Justice of the High Court of Australia and judge of the Supreme Court of New South Wales |
| The Rt Hon the Lord Hoffmann | 1934  South Africa / United Kingdom |
Law Lord (UK), House of Lords | ||
| The Hon Sir Gerard Brennan | 1928 Australia |
Tung Chee-Hwa | 2000 | former Chief Justice of Australia, High Court of Australia; Federal Court of Australia |
| The Rt Hon Sir Thomas Eichelbaum GBE | 1931  Germany /  New Zealand |
Donald Tsang | 2006 | former Chief Justice of New Zealand |
| The Rt Hon the Lord Millett | 1932 United Kingdom |
Tung Chee-Hwa | 2000 | Law Lord, House of Lords (UK) |
| The Rt Hon the Lord Woolf of Barnes (Harry Kenneth Woolf) | 1933 United Kingdom |
Tung Chee-Hwa | 2003 | Law Lord and former Lord Chief Justice of England and Wales |
| The Rt Hon the Lord Scott of Foscote | 1934 South Africa / United Kingdom |
Tung Chee-Hwa | 2003 | Law Lord (UK), House of Lords (UK); High Court of Justice Chancery Division, Lord Justice of Appeal, Vice-Chancellor of the Supreme Court, Head of Civil Justice, Lord of Appeal in Ordinary |
| The Rt Hon Sir Ivor Richardson | 24 May 1930 New Zealand |
Tung Chee-Hwa | 2003 | former President of the NZ Court of Appeal, former Chancellor of, and Dean and Professor of Law, at Victoria University of Wellington; Distinguished Fellow at the Law School at Victoria University |
| Mr Michael McHugh - | 1935 Australia |
Donald Tsang | 2005 | former justice of the High Court of Australia (until 2005) |
