Magistrates' Courts
Magistrates
exercise criminal jurisdiction which covers a wide range of indictable and summary offences . Their powers of punishment
are generally restricted to a maximum of two years' imprisonment or a
fine of $100,000.
While in respect of certain
offences their powers are greater. There are also some special magistrates
who deal with cases of a more routine nature, such as hawking and minor
traffic offences.
District Court
The
District Court has limited jurisdiction in both criminal and civil matters.
In its criminal jurisdiction, the court may hear cases with the exception
of a few very serious offences such as murder, manslaughter and rape.
The maximum term of imprisonment it can impose is seven years.
The
District Court has civil jurisdiction to hear monetary claims over $50,000
but not more than $1,000,000. Apart from its general civil jurisdiction,
the District Court has exclusive jurisdiction over claims brought under
the Employees' Compensation Ordinance (Cap 282), tax recovery claims under the Inland Revenue Ordinance (Cap 112) and distress for rent under the Landlord and Tenant (Consolidation) Ordinance (Cap 7).
Matrimonial
causes (e.g. divorce) and adoption applications must also be commenced
in the District Court (the court which handles these types of cases is
known as the Family Court).
High Court
The
High Court comprises the Court of Appeal and the Court of First Instance.
i)
Court of Appeal:
The
Court of Appeal hears appeals on all civil and criminal matters from
the Court of First Instance and the District Court. It also
hears appeals from the Lands Tribunal and some statutory bodies.
ii)
Court of First Instance:
The
jurisdiction of the Court of First Instance is unlimited in both criminal
and civil matters. The Court of First Instance
also hears appeals from Magistrates' Courts, the Labour Tribunal,
the Small Claims Tribunal and the Obscene Articles Tribunal.
Court of Final Appeal
The Joint Declaration and the Basic
Law specifically guarantee the establishment of a Hong Kong based Court
of Final Appeal on 1 July 1997. It replaced the Judicial Committee
of the Privy Council in London as the final appellate court for Hong
Kong. It has jurisdiction conferred on it by the Hong Kong Court of
Final Appeal Ordinance (Cap 484) and it hears appeals on civil and
criminal matters from the High Court.
The Court of Final Appeal Ordinance
provides that an appeal shall be heard and determined by the Court
constituting the Chief Justice, three permanent judges and one non-permanent
Hong Kong judge or one judge from another common law jurisdiction.
|