Court of Final Appeal (Hong Kong)

Hong Kong Court of Final Appeal
香港終審法院
Established 1997
Country  Hong Kong
Location 1 Battery Path, Central,
 Hong Kong[1]
Coordinates 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°ECoordinates: 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°E
Composition method Appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission
Authorized by Hong Kong Court of Final Appeal Ordinance
Judge term length The Chief Justice and permanent judges shall vacate their offices when they attain the retiring age, but there is no retiring age for non-permanent judges
Number of positions 26 (permanent and non-permanent judges)
Website Hong Kong Judiciary
Chief Justice
Currently Geoffrey Ma
Since 1 September 2010

The Hong Kong Court of Final Appeal (Chinese: 香港終審法院) is the final appellate court of Hong Kong.

Role

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 can be recruited and serve in the judiciary as non-permanent judges according to Article 92 of the Basic Law. Judges appointed pursuant to Article 92 have typically served in the judiciaries of England and Wales or Australia.

The court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law.[2][3] The power of final interpretation of national law including 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 and by the Constitution of the PRC, however national laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong.

Article 158 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. Controversy regarding this power of interpretation arose in the right of abode issue in 1999.

Building

Since its inception, the court has been located in the Former French Mission Building, in Central.[4] The Hong Kong Government is planning to relocate it in 2015 to the former (until 2011) Legislative Council Building, which was originally designed to be a law court and was once the location of the colonial Supreme Court (1912–1985), following renovations.

Gallery

List of judges

Permanent judges

Title and Name Date of birth Appointed by Took office Prior positions
Chief Justice of the Court of Final Appeal
The Hon Mr Justice Geoffrey Ma		 January 1956  Hong Kong Donald Tsang 2010 Barrister since 1978, 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 (2002–2003), Chief Judge of the High Court in Hong Kong (2003–2010)
The Hon Mr Justice Ribeiro 1949  Hong Kong Tung Chee-Hwa 2000 Former legal academic and lawyer since 1979, Recorder of the High Court (1997–1999), Judge of the High Court (1999–2000), Justice of Appeal of the Court of Appeal (2000)
The Hon Mr Justice Tang 1947  Hong Kong Leung Chun-ying 2012 Barrister since 1970, Deputy District Judge 1982–1986, Deputy High Court Judge 1986–1995, Recorder for the High Court of Justice/Court of First Instance 1995–2005, Vice-President of the Court of Appeal (2006–2012), Justice of Appeal of the Court of Appeal (2005)
The Hon Mr Justice Fok September 1962  Hong Kong Leung Chun-ying 2013 Barrister in Hong Kong since 1986, Recorder of the Court of First Instance of the High Court (2003–2009), Judge of the Court of First Instance (2010–2011), Justice of Appeal of the Court of Appeal (2011–2013)

Former permanent judges

Non-Permanent judges

Non-Permanent Judges Non-Permanent Judges from other common law jurisdictions
Chinese title and name English title and name Tenure Remarks Chinese name English name Tenure Remarks
羅弼時爵士 Sir Denys Tudor Emil ROBERTS 28 July 1997－27 July 2003 Sir Denys died on 19 May 2013. 梅師賢爵士 The Honourable Sir Anthony MASON 28 July 1997 – Chief Justice of the High Court of Australia, judge of the Supreme Court of New South Wales
赫健士爵士 Sir Alan Armstrong HUGGINS 28 July 1997－27 July 2003 顧安國勳爵 The Right Honourable the Lord COOKE of Thorndon 28 July 1997－27 July 2006 Lord Cooke of Thorndon died on 30 August 2006
麥慕年先生 Mr Art Michael McMULLIN 28 July 1997－27 July 2003 沈穆善爵士 The Right Honourable Sir Edward SOMERS 28 July 1997－27 July 2003 Sir Edward died on 13 June 2012.
康士爵士 Sir Derek CONS 28 July 1997－27 July 2006 杜偉舜爵士 The Right Honourable Sir Daryl DAWSON 1 September 1997－31 August 2003
邵祺先生 Mr William James SILKE 28 July 1997－27 July 2009 李啟新勳爵 The Right Honourable the Lord NICHOLLS of Birkenhead 12 January 1998－11 January 2004
傅雅德先生 Mr Kutlu Tekin FUAD 28 July 1997－27 July 2009 賀輔明勳爵 The Right Honourable the Lord HOFFMANN 12 January 1998－ Lord of Appeal in Ordinary, Lord Justice of Appeal
郭樂富先生 Mr Philip Gerard CLOUGH 28 July 1997－27 July 2006 布仁立爵士 The Honourable Sir Gerard BRENNAN 28 July 2000－27 July 2012 Chief Justice of the High Court of Australia, Justice of the High Court of Australia, judge of the Federal Court of Australia
麥德高先生 Mr Neil MACDOUGALL 28 July 1997－27 July 2003 艾俊彬爵士 The Right Honourable Sir Thomas EICHELBAUM 28 July 2000－27 July 2009
鮑偉華爵士 Sir Noel Plunkett POWER 28 July 1997－19 November 2009 Sir Noel died on 19 November 2009. 苗禮治勳爵 The Right Honourable the Lord MILLETT 28 July 2000－ Lord of Appeal in Ordinary
黎守律先生 Mr Gerald Paul NAZARETH 28 July 1997－27 July 2012 Vice-President of the Court of Appeal of the High Court of the Hong Kong Special Administrative Region, Justice of the Court of Appeal of Bermuda 伍爾夫勳爵 The Right Honourable the Lord WOOLF 28 July 2003－27 July 2012 Master of the Rolls, Lord Chief Justice of England and Wales
馬天敏先生 Mr John Barry MORTIMER 28 July 1997－ 施廣治勳爵 The Right Honourable the Lord SCOTT of Foscote 28 July 2003－27 July 2012 Lord of Appeal in Ordinary, Justice of Her Majesty's High Court of Justice in England (Chancery Division), Lord Justice of Appeal, Vice-Chancellor of the Supreme Court
烈顯倫先生 Mr Henry Denis LITTON 14 September 2000 Chairman of Hong Kong Bar Association; Vice-President of the Court of Appeal of the Supreme Court of Hong Kong (1995–1997), Permanent Judge of the Hong Kong Court of Final Appeal (1997–2000) 韋卓善爵士 The Right Honourable Sir Ivor RICHARDSON 28 July 2003－27 July 2009
沈澄先生 Mr Charles Arthur CHING 7 October 2000－30 November 2000 Sir Charles died on 30 November 2000. 馬曉義先生 Mr Michael McHugh 1 July 2006－30 June 2012 Justice of the High Court of Australia
鄧楨法官 The Honourable Mr Justice Robert TANG Ching 1 September 2010－24 October 2012 高禮哲爵士 The Right Honourable Sir Thomas Munro GAULT 1 July 2006 –
司徒敬法官 The Honourable Mr Justice Frank STOCK 1 September 2010－ 紀立信先生 Mr Murray Gleeson 1 March 2009－ Chief Justice of the High Court of Australia
夏正民法官 The Honourable Mr Justice Michael John HARTMANN 1 September 2010－ Judge of the High Court of the Hong Kong Special Administrative Region, District Judge (Hong Kong) 華學佳勳爵 The Right Honourable the Lord WALKER of Gestingthorpe 1 March 2009－
包致金法官 The Honourable Mr Justice Syed Kemal Shah BOKHARY 25 October 2012－ Judge of the Supreme Court of Hong Kong (1989–1993), Justice of Appeal of the Supreme Court of Hong Kong (1993–1997), Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012) 廖柏嘉勳爵 The Right Honourable the Lord NEUBERGER of Abbotsbury 1 March 2009－
陳兆愷法官 The Honourable Mr Justice Patrick CHAN Siu-oi 21 October 2013 – Judge of the District Court (1987–1991), Deputy Registrar of the High Court (1991–1992), Judge of the High Court (1992–1997), Chief Judge of the High Court (1997–2000), Permanent Judge of the Hong Kong Court of Final Appeal (2000–2012) 郝廉思勳爵 The Right Honourable the Lord COLLINS of Mapesbury 30 June 2011－ Justice of the Supreme Court of the United Kingdom; Lord of Appeal in Ordinary, Lord Justice of Appeal
簡嘉麒勳爵 The Right Honourable the Lord CLARKE of Stone-cum-Ebony 30 June 2011－ Justice of the Supreme Court of the United Kingdom, Master of the Rolls and Records of the Chancery of England, Lord Justice of Appeal
范理申勳爵 The Right Honourable the Lord PHILLIPS of Worth Matravers 1 October 2012－
施覺民法官 The Honourable Mr Justice Spigelman 8 April 2013 – Chief Justice of the Supreme Court of New South Wales (1998–2011)
甘慕賢法官 The Honourable Mr Justice Gummow 8 April 2013 – Justice of the High Court of Australia (1995–2012)

See also

References

  1. ↑ "judiciary.gov.hk: Contact Us".
  2. ↑ http://www.doj.gov.hk/eng/public/basiclaw/basic13_2.pdf
  3. ↑ http://www.doj.gov.hk/eng/public/basiclaw/basic10_3.pdf
  4. ↑ Finance Committee – Public Works Subcommittee (Papers) 8 Nov 95: "Conversion of the French Mission Building into the Court of Final Appeal"

External links