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Court of Final Appeal

Overview

The Court of Final Appeal is the court with the final adjudication power on the laws of Hong Kong

Hong Kong

Hong Kong , officially the Hong Kong Special Administrative Region, is a highly autonomous territory of the People's Republic of China, facing Guangdong to the north and the South China Sea to the east, west and south...

.

Before 1st 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

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal for several independent Commonwealth countries, the UK overseas territories, and the British Crown dependencies...

in London

London

[]London is the capital of England and the United Kingdom. It has been a major settlement for two millennia, and the history of London goes back to its founding by the Romans, when it was named Londinium. London's core, the ancient City of London, the 'square mile', retains its medieval boundaries...

. The sovereignty of Hong Kong was transferred from the United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...

to the People's Republic of China

People's Republic of China

The People's Republic of China , commonly known as China, is the largest country in East Asia and the most populous in the world with over 1.3 billion people, approximately one-fifth of the world's population...

on 1st July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong

Central, Hong Kong

Central , the central business district of Hong Kong, was commonly known as part of Victoria City. It is an area on the north shore of Hong Kong Island. It is located across Victoria Harbour from Tsim Sha Tsui, the southernmost point of Kowloon Peninsula...

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Encyclopedia

The Court of Final Appeal is the court with the final adjudication power on the laws of Hong Kong

Hong Kong

.

Before 1st 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

Judicial Committee of the Privy Council

in London

London

. The sovereignty of Hong Kong was transferred from the United Kingdom

United Kingdom

to the People's Republic of China

People's Republic of China

on 1st July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong

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

Hong Kong Basic Law

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...

, the constitutional document of Hong Kong, the special administrative region remains a common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....

jurisdiction. Judges from other common law jurisdictions (including England and Wales

England and Wales

England and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the...

) 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 nominally 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

Right of abode issue, Hong Kong

The issue of who has the right of abode in Hong Kong prompted a fierce debate at the end of the 20th century and tested the "One Country, Two Systems" policy towards Hong Kong of the People's Republic of China...

in 1999.

The court is located in the Former French Mission Building

Former French Mission Building

The Former French Mission Building is a declared monument of Hong Kong. It is located at 1, Battery Path, Central. It currently houses the Court of Final Appeal of Hong Kong.-Features:...

, in Central

Central, Hong Kong

. 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.

Permanent judges

Title and name	Date of birth	Appointed by	Took office	Prior positions
Chief Justice of the Court of Final Appeal Chief Justice of the Court of Final Appeal The Chief Justice of the Court of Final Appeal is the most senior judge in the Hong Kong judiciary. The position is second only to the Chief Executive of Hong Kong in the Hong Kong order of precedence... The Hon Mr Justice Andrew Li Kwok-nang Andrew Li Andrew Li Kwok-nang, CBE, GBM, JP is a judge in Hong Kong. In 2009, he resigned, effective 2010, from his position as Hong Kong's first Chief Justice of the Court of Final Appeal, ranking second only to the Chief Executive of Hong Kong in the Hong Kong order of precedence and a post he had held...	December 1948	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 Executive Council of Hong Kong The Executive Council of Hong Kong is an organ in the executive branch of the government of Hong Kong. It is responsible for assisting the Chief Executive in policy-making. . In other words, it is the cabinet of the Chief Executive.The Executive Council normally meets once a week... at-large 1992
The Hon Mr Justice Bokhary Kemal Bokhary Syed Kemal Shah Bokhary is a judge in Hong Kong. He is currently one of the three Permanent Judges of the Court of Final Appeal.-Early life:...	1947	Tung Chee-Hwa	1997	Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts... , Justice of Appeal of the Court of Appeal Court of Appeal (Hong Kong) The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts in Hong Kong. It is one of two courts that makes up the High Court .... 1993-1997
The Hon Mr Patrick Chan Patrick Chan (judge) Patrick Chan Siu-oi is a judge in Hong Kong. He is currently one of the three Permanent Judges of the Court of Final Appeal.-Early life and education:...		Tung Chee-Hwa	2000	Chief Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts...
The Hon Mr Justice Ribeiro Robert Ribeiro Robert Ribeiro is a Hong Kong judge and honorary lecturer in law at the University of Hong Kong.-Early life and education:...	1949	Tung Chee-Hwa	2000	Recorder of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts... 1997, Judge of the High Court High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts... 1999, Justice of Appeal of the Court of Appeal Court of Appeal (Hong Kong) The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts in Hong Kong. It is one of two courts that makes up the High Court ....

Non-Permanent judges

Title and name	Date of birth	Appointed by	Took office	Prior positions
Sir Derek Cons	15 July 1928 Brunei			President of the Court of Appeal of Brunei
Mr William James Silke
Mr Kutlu Tekin Fuad	Brunei			Judge, Court of Appeal of Brunei
Hon Mr Philip Gerard Clough
Sir Noel Plunkett Power, GBS		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) High Court (Hong Kong) The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts...
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	Tung Chee-Hwa	1997	Justice of High Court of Justice of England and Wales from 1985 to 1993, Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... from 1993 to 1997, and Vice President of the Court of Appeal of England and Wales Court of Appeal of England and Wales The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it.... from 1997 to 1999
The Hon Mr Henry Denis Litton, GBM	1934	Tung Chee-Hwa	1997	Chairman of Hong Kong Bar Association Hong Kong Bar Association The Hong Kong Bar Association is the professional regulatory body for barristers in Hong Kong, and was founded in 1949. Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association... ; Vice President of the Hong Kong Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000
The Hon Sir Anthony Mason	1925	Tung Chee-Hwa	1997	former Chief Justice Chief Justice The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme... of the High Court of Australia High Court of Australia The High Court of Australia is the highest court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... and judge of the Supreme Court of New South Wales Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
The Rt Hon the Lord Hoffmann Leonard Hoffmann, Baron Hoffmann Leonard Hubert "Lenny" Hoffmann, Baron Hoffmann, PC is a senior British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009...	1934 /			Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord) of the UK House of Lords Judicial functions of the House of Lords The House of Lords, in addition to having a legislative function, also had a judicial function as a court of last resort within the United Kingdom until 31 July 2009, when the functions were assumed by the new Supreme Court starting on 1 October 2009, in accordance with the Constitutional Reform... ; former Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
The Hon Sir Gerard Brennan Gerard Brennan Sir Francis Gerard Brennan, AC, KBE, QC , is an Australian lawyer, judge and 10th Chief Justice of Australia. He is father to Jesuit priest and lawyer Frank Brennan....	1928	Tung Chee-Hwa	2000	former Chief Justice of Australia Chief Justice of Australia The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia... , High Court of Australia High Court of Australia The High Court of Australia is the highest court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... ; Federal Court of Australia Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
The Rt Hon Sir Thomas Eichelbaum Thomas Eichelbaum Sir Johann Thomas Eichelbaum, GBE, QC was the eleventh Chief Justice of New Zealand.-Early life:He was born in Konigsberg, Germany, and his family emigrated to Wellington, New Zealand in 1938 to escape the persecution of Jews... GBE	1931 / New Zealand	Donald Tsang Donald Tsang Sir Donald Tsang Yam-Kuen, GBM, KBE is the current Chief Executive and Head of Government of Hong Kong....	2006	former Chief Justice of New Zealand
The Rt Hon the Lord Millett	1932	Tung Chee-Hwa	2000	Law Lord, House of Lords (UK)
The Rt Hon the Lord Woolf of Barnes (Harry Kenneth Woolf) Harry Woolf, Baron Woolf Harry Kenneth Woolf, Baron Woolf, PC, FBA was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales...	1933	Tung Chee-Hwa	2003	Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord); and former Lord Chief Justice of England and Wales Lord Chief Justice of England and Wales The Lord Chief Justice of England and Wales is the head of the judiciary of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005, which removed the judicial...
The Rt Hon the Lord Scott of Foscote	1934 /	Tung Chee-Hwa	2003	Lord of Appeal in Ordinary Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters... (Law Lord); former justice of High Court of Justice High Court of Justice The High Court of Justice is, together with the Crown Court and the Court of Appeal, one of the Senior Courts of England and Wales... of England and Wales (Chancery Division), Lord Justice of Appeal Lord Justice of Appeal A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:... , Vice-Chancellor of the Supreme Court
The Rt Hon Sir Ivor Richardson Ivor Richardson Sir Ivor Lloyd Morgan Richardson, PCNZM is an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council.-Education:...	24 May 1930 New Zealand	Tung Chee-Hwa	2003	former President of the New Zealand Court of Appeal, former Chancellor of, and Dean and Professor of Law, at Victoria University of Wellington Victoria University of Wellington Victoria University of Wellington, also known in Māori as Te Whare Wānanga o te Ūpoko o te Ika a Māui, was established in 1897 by Act of Parliament, and was a former constituent college of the University of New Zealand. It is particularly well known for its programmes in law, the humanities, and... ; Distinguished Fellow at the Law School at Victoria University
Hon Michael McHugh QC	1935	Donald Tsang Donald Tsang Sir Donald Tsang Yam-Kuen, GBM, KBE is the current Chief Executive and Head of Government of Hong Kong....	2005	former justice of the High Court of Australia High Court of Australia The High Court of Australia is the highest court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and... (until 2005)
Hon Murray Gleeson QC	30 August 1938		2008	former chief justice of the High Court of Australia High Court of Australia The High Court of Australia is the highest court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

Court of Final Appeal

Permanent judges

Non-Permanent judges

See also

External links