District Court (Hong Kong)

District Court
Established	1997
Location	12 Harbour Road, Wan Chai, Victoria, Hong Kong Island; Hong Kong
Coordinates	22°16′48.02″N 114°10′20.48″E / 22.2800056°N 114.1723556°ECoordinates: 22°16′48.02″N 114°10′20.48″E / 22.2800056°N 114.1723556°E
Authorized by	Hong Kong Basic Law
Decisions are appealed to	Court of Appeal
Website	http://www.judiciary.gov.hk/en/index/index.htm
Chief District Judge
Currently	His Honour Judge Poon

The District Court (Chinese: 區域法院; 地方法院 before 1997) is the lower court system in Hong Kong, having both criminal and civil jurisdictions. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road. In the past there were six district courts, namely Victoria, Kowloon, Fanling, Tsuen Wan, Tuen Mun and Sha Tin, before being amalgamated and moved to the same location in March 1991.

Jurisdiction

Civil jurisdiction

The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over $50,000 but not more than $1 million. If the claim is more than $1 million, the claim can still be pursued in the District Court provided that the excess is abandoned. If the claim is $50,000 or less, an adverse costs order may be made against the winning plaintiff due to pursuing its claim in the wrong court.

Even if a claim does not exceed $1 million, provided that the defendant counterclaims for over $1 million, the claim and the counterclaim or just the counterclaim may be transferred to the Court of First Instance. For good reasons, the District Court may continue to handle the claim when the counterclaim exceeds $1 million, but a report has to be made to the High Court and the High Court may transfer the case.

As to claims for possession of land, the District Court can deal with buildings or premises the annual rent or rateable value or the annual value of which does not exceed $240,000.

If a claimant invokes the District Court's equity jurisdiction, the above limits are equally applicable, except that in proceedings related to land, the maximum value shall not exceed $3 million.

Distraint claims are handled by the District Court.

Criminal jurisdiction

The system is modelled after the English legal system, with indictable offences being taken up by the District Court if they are transferred from the magistrate's court. A District Court Judge sits alone without a jury.

The District Court hears all serious cases except murder, manslaughter and rape, and can impose a sentence of up to seven years. Cases are heard in either the Cantonese or English languages.

Composition

Eligibility and appointment

A person who has practised for at least 5 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a Judge, Registrar or Master of the District Court.^[1]^[2]

District Judges, as well as the Registrar and Masters of the District Court, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC).^[3]^[4]

Limited-term or vacancy-filling Deputy District Judges may be appointed by the Chief Justice.^[5]

It is not uncommon for a person to sit as a short-term Deputy District Judge prior to appointment in a permanent capacity.

District Judges

District Judges are referred to as ‘His/Her Honour Judge [surname]’.

The current Judges of the District Court (as at 2 January 2018) are (ranked according to seniority):^[6]

Chief District Judge

His Honour Judge Poon

District Judges

Her Honour Judge Marlene Ng
His Honour Judge Michael Wong
His Honour Judge Stanley Chan
His Honour Judge C M Leung
Her Honour Judge Sharon Melloy
His Honour Judge Eddie Yip
Her Honour Judge Katina Levy
His Honour Judge C K Chan
His Honour Judge Frankie Yiu
His Honour Judge K W Wong
His Honour Judge Justin Ko (Acting Chief District Judge while His Honour Judge Poon sits as a Deputy High Court Judge)
His Honour Judge Douglas Yau
His Honour Judge W K Kwok
His Honour Judge Josiah Lam
His Honour Judge Anthony Kwok
His Honour Judge David Dufton
His Honour Judge S M Sham
Her Honour Judge Amanda Woodcock
His Honour Judge K H Hui
His Honour Judge Jack Wong
Her Honour Judge Katherine Lo
His Honour Judge Johnny Chan
His Honour Judge Gary Lam
His Honour Judge Andrew Li
His Honour Judge Herbert Au-Yeung
His Honour Judge W T Lee
His Honour Judge Harold Leong
His Honour Judge Kent Yee
His Honour Judge Roy Yu
His Honour Judge C P Pang
His Honour Judge Timothy Casewell
His Honour Judge Simon Lo
His Honour Judge S L Tam
Her Honour Judge Angela Kot
His Honour Judge Reuden Lai
His Honour Judge George Own
Her Honour Judge Y F Chan
His Honour Judge L W Wong
His Honour Judge M K Liu
His Honour Judge Edmond Lee
Her Honour Judge Winnie Tsui
His Honour Judge Clement Lee

Pursuant to a general power of appointment to vacancies or on a temporary basis under section 10 of the High Court Ordinance, Cap. 4,^[7] the Chief Justice frequently makes short-term appointments of District Court judges to sit on the High Court.^[8]

Deputy District Judges

The Chief Justice appoints on a temporary basis a number of Permanent Magistrates, retired judges and practitioners in private practice to sit as Deputy District Judges. A Deputy District Judge may exercise all the jurisdiction, powers and privileges of a District Judge.^[9]

Forms of address

All Judges of the District Court (regardless of whether Judges or Deputy Judges) are addressed in court as "Your Honour".

In court judgments and decisions, District Judges are referred to as 'His/Her Honour Judge [surname]', 'HH Judge [surname]' or 'HHJ [surname]'. Deputy District Judges are referred to as 'Deputy District Judge [surname]' or 'DDJ [surname]'.

References

↑ District Court Ordinance (Cap. 336), Sections 5 and 14AA
↑ Hong Kong Basic Law, Article 92
↑ Hong Kong Basic Law, Articles 48(6) and 88
↑ Judicial Officers Recommendation Commission Ordinance (Cap. 92)
↑ District Court Ordinance (Cap. 336), Section 7
↑ Hong Kong Judiciary: List of Judges and Judicial Officers
↑ "Section 7 Appointment of deputy District Judges". Retrieved 6 January 2018.
↑ see example: "Appointment of Deputy Judge of the Court of First Instance of the High Court" (PDF).
↑ District Court Ordinance (Cap. 336), Section 7

External links

Hong Kong Court Services and Facilities - information about the District Court.

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[1] District Court Ordinance (Cap. 336), Sections 5 and 14AA

[2] Hong Kong Basic Law, Article 92

[3] Hong Kong Basic Law, Articles 48(6) and 88

[4] Judicial Officers Recommendation Commission Ordinance (Cap. 92)

[5] District Court Ordinance (Cap. 336), Section 7

[6] Hong Kong Judiciary: List of Judges and Judicial Officers

[7] "Section 7 Appointment of deputy District Judges". Retrieved 6 January 2018.

[8] see example: "Appointment of Deputy Judge of the Court of First Instance of the High Court" (PDF).

[9] District Court Ordinance (Cap. 336), Section 7