Magistrates' Court (Hong Kong)

Magistrates' Courts in Hong Kong have criminal jurisdiction over a wide range of offenses, and in general these offenses must only constitute two years' imprisonment or a fine of HKD 100,000; in certain circumstances, sentences of 3 years may be imposed. All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the District Court or the Court of First Instance depending on the seriousness of the crime.[1]

Magistrates' courts
Kwun Tong Magistrates' Court
LocationHong Kong
Authorized byHong Kong Basic Law, Magistrates Ordinance (Cap. 227)
Appeals toCourt of First Instance of the High Court; further appeal to the Court of Final Appeal in limited circumstance
WebsiteOfficial website
Chief Magistrate
CurrentlyMr. Victor SO Wai-tak
This article is part of the series: Courts of Hong Kong
Law of Hong Kong

All judges and magistrates must have been qualified as legal practitioners either in Hong Kong or in another common law jurisdiction and have had substantial professional experience.

Court Structure

Chief Magistrate

The Chief Magistrate is the Court Leader and is responsible for the overall administration of the Magistrates' Courts.

Principal Magistrate

A Principal Magistrate is in charge of one of the seven Magistrates' Courts.

Permanent Magistrate

A Permanent Magistrate is a full-time magistrate, and is assigned to sit in one of the seven Magistrates' Courts. The Chief Justice frequently makes short-term appointments of Permanent Magistrates to sit on the District Court.[2]

Special Magistrate

A Special Magistrate is also a full-time magistrate, but is assigned to deal with various kinds of departmental summons including minor offenses such as traffic contraventions. Their sentencing power is limited to a maximum fine of $50,000 or as specified in their warrants of appointment.

Deputy Magistrate / Deputy Special Magistrate

A Deputy Magistrate or Deputy Special Magistrate is assigned by the Chief Justice for such period and on such terms as he or she thinks fit. This makes additional manpower available to the Magistrates' Courts while also giving eligible persons experience on the bench, before he or she commits to a full-time posting or returns to private practice.

List of Chief Magistrates Since 1997
No. Name Tenure Start Tenure End Tenure Length Reason for Tenure End Later Most Senior Judicial Role
1 Louis Tong Po-sun 2 March 1998 2 October 2000 2 years and 215 days Appointed Judge of the Court of First Instance Same (retired)
2 Patrick Li Hon-leung 3 October 2000 1 February 2007 6 years and 122 days Appointed District Court Judge Judge of the Court of First Instance
3 Tong Man 2 July 2008 15 September 2013 6 years and 122 days Retired None (retired)
4 Clement Lee Hing-nin 11 March 2014 2 January 2018 3 years and 298 days Appointed District Court Judge Same
5 Victor So Wai-tak 6 January 2020 Incumbent 164 days

See also

References
  1. "Hong Kong Judiciary Annual Report 2004" (PDF). Hong Kong Judiciary. Retrieved 17 June 2020.
  2. see example: "Appointment of Deputy Judge of the District Court" (PDF).


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.