Court of Final Appeal (Hong Kong)

Hong Kong Court of Final Appeal
香港終審法院
The logo features the Court of Final Appeal Building
Established 1997
Location 8 Jackson Road, Central,
Hong Kong[1]
Coordinates 22°16′51″N 114°09′37″E / 22.28090°N 114.16035°E / 22.28090; 114.16035Coordinates: 22°16′51″N 114°09′37″E / 22.28090°N 114.16035°E / 22.28090; 114.16035
Composition method Appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission with the endorsement of the Legislative Council
Authorized by Hong Kong Basic Law
Hong Kong Court of Final Appeal Ordinance
Judge term length The Chief Justice and permanent judges shall vacate their offices when they attain the age of 65, but there is no retiring age for non-permanent judges
No. of positions One Chief Justice, at least three permanent judges and at most 30 non-permanent judges
Website Hong Kong Court of Final Appeal
Chief Justice
Currently Geoffrey Ma
Since 1 September 2010
Court of Final Appeal
Traditional Chinese 香港終審法院

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. Based on one country, two systems principle, Hong Kong retains its highly autonomous power and maintains its own legal system. 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 served in the judiciaries of England and Wales, Australia, New Zealand, and Canada.

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

From its inception until September 2015, the court was located in the Former French Mission Building, in Central.[4] In September 2015 the court relocated to the former (until 2011) Legislative Council Building, which was originally the colonial Supreme Court (1912–1985).

List of Permanent Judges

Current Chief Justice

Name Born Appointed by Took office Tenure length Previous judicial office
Geoffrey Ma 11 January 1956
(age 62)		 Donald Tsang 1 September 2010 8 years, 44 days Recorder of the Court of First Instance (2000–01)
Judge of the Court of First Instance (2001–02)
Justice of Appeal of the Court of Appeal (2002–03)
Chief Judge of the High Court (2003–10)

Current Permanent judges

Name Born Appointed by Took office Tenure length Previous judicial office
Robert Ribeiro 20 March 1949
(age 69)		 Tung Chee-hwa 1 September 2000 18 years, 44 days Recorder of the Court of First Instance (1997–99)
Judge of the Court of First Instance (1999–2000)
Justice of Appeal of the Court of Appeal (2000)
Robert Tang 7 January 1947
(age 71)		 Leung Chun-ying 25 October 2012 5 years, 355 days Deputy District Judge (1982)
Deputy High Court Judge (1986)
Recorder for the High Court of Justice/Court of First Instance (1995–2004)
Judge of the Court of First Instance (2004–05)
Justice of Appeal of the Court of Appeal (2005–06)
Vice-President of the Court of Appeal (2006–12)
Joseph Fok 24 September 1962
(age 56)		 Leung Chun-ying 21 October 2013 4 years, 359 days Recorder of the Court of First Instance (2003–09)
Judge of the Court of First Instance (2010–11)
Justice of Appeal of the Court of Appeal (2011–13)

Former Chief Justice

No. Name Appointed by Took office Left office Tenure length Previous judicial office
1 Andrew Li Tung Chee-hwa 1 July 1997 31 August 2010 13 years, 61 days Deputy District Judge (1982)
Deputy High Court Judge (1991)

Former permanent judges

No. Name Appointed by Replacing Took office Left office Tenure length Previous judicial office
1 Henry Litton Tung Chee-hwa Inaugural 1 July 1997 14 September 2000 3 years, 75 days Justice of Appeal of the Court of Appeal (1992–95)
Vice-President of the Court of Appeal (1995–97)
2 Charles Ching Tung Chee-hwa Inaugural 1 July 1997 7 October 2000 3 years, 98 days Justice of Appeal of the Court of Appeal (1995–97)
3 Kemal Bokhary Tung Chee-hwa Inaugural 1 July 1997 25 October 2012 15 years, 116 days Judge of the High Court of Justice (1989–93)
Justice of Appeal of the Court of Appeal (1993–97)
4 Patrick Chan Tung Chee-hwa Litton 1 September 2000 20 October 2013 13 years, 49 days Judge of the District Court (1987–91)
Deputy Registrar of the Supreme Court (1991–1992)
Judge of the High Court of Justice (1992–97)
Chief Judge of the High Court (1997–2000)

List of Non-Permanent Judges

Current Non-Permanent judges from Hong Kong

NameAppointed byTook officePrevious judicial office
Frank StockDonald Tsang1 September 2010Deputy High Court Judge (1991)
Judge of the High Court of Justice/Court of First Instance (1992–2000)
Justice of Appeal of the Court of Appeal (2000–09)
Vice-President of the Court of Appeal (2009–14)
Kemal BokharyLeung Chun-ying25 October 2012Judge of the High Court of Justice (1989–93)
Justice of Appeal of the Court of Appeal (1993–97)
Permanent Judge of the Court of Final Appeal (1997–2012)
Patrick ChanLeung Chun-ying21 October 2013Judge of the District Court (1987–91)
Deputy Registrar of the Supreme Court (1991–92)
Judge of the High Court of Justice (1992–97)
Chief Judge of the High Court (1997–2000)
Permanent Judge of the Court of Appeal (2000–13)

Current Non-Permanent Judges from other common law jurisdictions

Chinese nameEnglish nameJurisdictionAppointed byTook officeRemarks
賀輔明勳爵Lord HoffmannUnited Kingdom United KingdomTung Chee-hwa12 January 1998Lord of Appeal in Ordinary (1995–2009)
苗禮治勳爵Lord MillettUnited Kingdom United KingdomTung Chee-hwa28 July 2000Lord of Appeal in Ordinary (1998–2004)
紀立信法官Murray GleesonAustralia AustraliaDonald Tsang1 March 2009Chief Justice of Australia (1998–2008), Chief Justice of New South Wales, (1988–1998)
華學佳勳爵Lord Walker of GestingthorpeUnited Kingdom United KingdomDonald Tsang1 March 2009Justice of the Supreme Court of the United Kingdom (2009–2013), Lord of Appeal in Ordinary (2002–2009)
廖柏嘉勳爵Lord Neuberger of AbbotsburyUnited Kingdom United KingdomDonald Tsang1 March 2009President of the Supreme Court of the United Kingdom (2012–2017), Master of the Rolls (2009–2012), Lord of Appeal in Ordinary (2007–2009)
郝廉思勳爵Lord Collins of MapesburyUnited Kingdom United KingdomDonald Tsang30 June 2011Justice of the Supreme Court of the United Kingdom (2009–2011); Lord of Appeal in Ordinary (2009)
簡嘉麒勳爵Lord Clarke of Stone-cum-EbonyUnited Kingdom United KingdomDonald Tsang30 June 2011Justice of the Supreme Court of the United Kingdom (2009–2017), Master of the Rolls (2005–2009)
范理申勳爵Lord Phillips of Worth MatraversUnited Kingdom United KingdomLeung Chun-ying1 October 2012President of the Supreme Court of the United Kingdom (2009–2012), Lord Chief Justice of England and Wales (2005–2008), Master of the Rolls (2000–2005)
施覺民法官James SpigelmanAustralia AustraliaLeung Chun-ying8 April 2013Chief Justice of New South Wales (1998–2011)
甘慕賢法官William GummowAustralia AustraliaLeung Chun-ying8 April 2013Justice of the High Court of Australia (1995–2012)
范禮全法官Robert FrenchAustralia AustraliaLeung Chun-ying31 May 2017Chief Justice of Australia (2008–2017)
韋彥德勳爵Lord ReedUnited Kingdom United KingdomLeung Chun-ying31 May 2017Justice of the Supreme Court of the United Kingdom (2012–present), Senator of the College of Justice (1998–2012)
何熙怡女男爵Baroness Hale of RichmondUnited Kingdom United KingdomCarrie Lam30 July 2018 [5]President of the Supreme Court of the United Kingdom (2017-present)
麥嘉琳法官Beverley McLachlinCanada CanadaCarrie Lam30 July 2018 [5]Chief Justice of Canada (2000-2017)

Former non-permanent judges from Hong Kong

  • Sir Denys Roberts (28 July 1997 – 27 July 2003)
  • Sir Alan Huggins (28 July 1997 – 27 July 2003)
  • Art McMullin[6] (28 July 1997 – 27 July 2003)
  • Neil Macdougall[7] (28 July 1997 – 27 July 2003)
  • Sir Derek Cons[8] (28 July 1997 – 27 July 2006)
  • Philip Gerard Clough[9] (28 July 1997－27 July 2006)
  • William James Silke[10] (28 July 1997 – 27 July 2009)
  • Kutlu Tekin Fuad[11] (28 July 1997 –27 July 2009)
  • Sir Noel Power (28 July 1997 – 19 November 2009)
  • Gerald Nazareth (28 July 1997 – 27 July 2012)
  • John B. Mortimer (28 July 1997 – 27 July 2015)
  • Henry Litton (14 September 2000 – 27 July 2015)
  • Charles Ching (7 October 2000 – 30 November 2000)
  • Robert Tang (1 September 2010 – 24 October 2012)
  • Michael Hartmann (1 September 2010 – 31 August 2016)

Former non-permanent judges from other common law jurisdictions

See also

References

  1. ↑ "Court Services & Facilities - Court of Final Appeal". Judiciary.gov.hk. 2015-01-09. Retrieved 2015-06-20.
  2. ↑ Archived 16 October 2013 at the Wayback Machine.
  3. ↑ Archived 4 December 2013 at the Wayback Machine.
  4. ↑ "Finance Committee - Public Works Subcommittee (Papers) 8 Nov 95". Legco.gov.hk. Retrieved 2015-06-20.
  5. 1 2 Hong Kong Gazette Notice GN5815/2018
  6. ↑ "Hong Kong Court of Final Appeal - Former Judges - Mr Arthur Michael McMULLIN". Hkcfa.hk. Retrieved 2015-06-20.
  7. ↑ "Hong Kong Court of Final Appeal - Former Judges - Mr Neil MacDougall". Hkcfa.hk. Retrieved 2015-06-20.
  8. ↑ "Hong Kong Court of Final Appeal - Former Judges - Sir Derek Cons". Hkcfa.hk. Retrieved 2015-06-20.
  9. ↑ "Hong Kong Court of Final Appeal - Former Judges - Mr Philip Gerard Clough (Deceased)". Hkcfa.hk. Retrieved 2015-06-20.
  10. ↑ "Hong Kong Court of Final Appeal - Former Judges - Mr William James SILKE (Deceased)". Hkcfa.hk. Retrieved 2015-06-20.
  11. ↑ "Hong Kong Court of Final Appeal - Former Judges - Mr Kutlu Tekin FUAD, CBE (Deceased)". Hkcfa.hk. Retrieved 2015-06-20.
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