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Court of Appeal (Hong Kong)

Coordinates: 22°16′41.38″N 114°9′47.23″E / 22.2781611°N 114.1631194°E / 22.2781611; 114.1631194
From Wikipedia, the free encyclopedia

22°16′41.38″N 114°9′47.23″E / 22.2781611°N 114.1631194°E / 22.2781611; 114.1631194

Court of Appeal
高等法院上訴庭
Entrance of the High Court
Established20 February 1976[1]
Jurisdiction Hong Kong
Location38 Queensway, Admiralty, Hong Kong
Composition methodAppointment by the Chief Executive on recommendation of the Judicial Officers Recommendation Commission
Authorised byHong Kong Basic Law
High Court Ordinance (Cap. 4)
Appeals toCourt of Final Appeal
Appeals fromCourt of First Instance
District Court
Lands Tribunal
Number of positions13
Websitehttp://www.judiciary.gov.hk/en/index/index.htm
President of the Court of Appeal
CurrentlyThe Honourable Mr Justice Jeremy Poon Shiu-chor, CJHC
Since18 December 2019
Court of Appeal
Traditional Chinese上訴法庭
Simplified Chinese上诉法庭
Transcriptions
Standard Mandarin
Hanyu PinyinShàngsùfǎtíng
Yue: Cantonese
Yale RomanizationSéuhng sou faat tìhng
JyutpingSoeng5 sou3 faat3 ting4

The Court of Appeal of the High Court of Hong Kong (commonly cited as "CA" or "HKCA") is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that make up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice.

This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies.

History

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See also: Supreme Court of Hong Kong

Before 1976

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Before the establishment of the Court of Appeal, appeals were either by way of re-hearing or made directly to the Judicial Committee of the Privy Council. From 1913, appeals were heard by a Full Court made up of 3 judges. From 1913 to 1943, a judge of the British Supreme Court for China in Shanghai was eligible to sit on the Full Court. In the 1910s and 1920s, a Shanghai judge would regularly travel to Hong Kong to sit on the Full Court. Sir Havilland de Sausmarez, a judge of the Shanghai court, was the President of the Full Court from 1910 to 1920. From 1926 to 1941, a judge of the Hong Kong Supreme Court also sat on the full court of the British Supreme Court for China.[2]

1976: establishment of the Court of Appeal

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The Court of Appeal was established in 1976.[3] Appeals from the Court of Appeal lay to the Judicial Committee of the Privy Council in London.[4] In order to appeal to the Privy Council, leave to appeal was required either from the court appealed from or the Privy Council.

1997 - present

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The Court of Appeal continued operating as part of the renamed High Court of Hong Kong upon the transfer of sovereignty on 1 July 1997, as provided for in Article 81 of the Basic Law.[5] The Privy Council ceased to hear appeals from Hong Kong, and its role as Hong Kong's final appellate court was assumed by the new Court of Final Appeal, to which all appeals from the Court of Appeal now lie.

Divisions

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The Court of Appeal consists of three divisions, each presided over by a vice-president of the court of appeal. These include a criminal division, a civil division, and a "mixed" division that deals with both criminal and civil cases.[6]

Judges

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The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to 1997, the position was known as the Chief Justice, and its holder was the most senior judge in Hong Kong.

Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals.[7]

Cases in the Court of Appeal are decided by a bench consisting of one, two or three Judges. On rare occasions, having regard to the public importance of the issue, the Court of Appeal has been constituted by a division of five Judges.[8][9] Final substantive appeal hearings take place before a bench of three Judges. In civil cases, interlocutory appeals and leave to appeal application hearings take place before a bench of two Judges.[10] A single Judge can grant leave to appeal on a paper application and make procedural orders/directions not involving the determination of an appeal.[11] In criminal cases, appeals against sentence take place before a bench of two Judges[12] and leave to appeal application hearings take place before a single Judge.[13] A decision by a two-member bench of the Court of Appeal has the same binding precedential value as a decision by a three-member bench of the Court of Appeal[14][15] or a five-member bench of the Court of Appeal.[16] If a case is heard by a two-member bench and the two Judges differ on the outcome, then the lower court's judgment or order will not be disturbed.[17] In such a situation, any party can apply for the case to be re-heard by an uneven number of Judges in the Court of Appeal.[18][19]

A Judge of the Court of First Instance may also sit as a Judge in the Court of Appeal,[20] including as a single Judge (for example, when determining applications for leave to appeal in criminal cases).[21]

Significant cases

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In August 2022, the court ruled that same-sex marriages overseas would not be recognized as valid in Hong Kong, resulting in no rights or benefits given to married couples in Hong Kong.[22]

In November 2022, the court ruled that there are minimum jail sentences for "serious" national security offenses.[23]

List of justices of appeal

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# Name Tenure Reason for tenure end Silk Ref
1 Gerald Michael Godfrey 1997–2000 Became Vice President of the Court of Appeal QC (1971)
2 Michael Stuart-Moore, GBS 1997–1999 Became Vice President of the Court of Appeal QC (1990)
3 Anthony Gordon Rogers, GBS 1997–2000 Became Vice President of the Court of Appeal QC (1984)
4 Arthur Leong Siu-chung, GBS 1997–2000 Became Chief Judge of the High Court
5 Simon Herbert Mayo, GBS 1997–2000 Became Vice President of the Court of Appeal
6 Sir Brian Richard Keith 1999–2001 Retired QC (1989)
7 Michael Wong Kin-chow, GBS 1999–2001 Retired
8 Woo Kwok-hing, GBS 2000–2004 Became Vice President of the Court of Appeal QC (1987) [24]
9 Roberto Alexandre Vieira Ribeiro, GBM 2000 Became Permanent Judge of the Court of Final Appeal QC (1990)
10 Doreen Maria Le Pichon, GBS 2000–2011 Retired
11 Frank Stock, GBS 2000–2009 Became Vice President of the Court of Appeal QC (1985) [25]
12 Peter Cheung Chak-yau 2001–
13 Wally Yeung Chun-kuen, GBS 2002–2011 Became Vice President of the Court of Appeal [26]
14 Maria Candace Yuen Ka-ning 2002–2023 Retired
15 Geoffrey Ma Tao-li, GBM 2002–2003 Became Chief Judge of the High Court QC (1993)
16 Robert Tang Kwok-ching, GBM, SBS 2005–2006 Became Vice President of the Court of Appeal QC (1986) [27]
17 Michael John Hartmann, GBS 2008–2012 Retired (Non-permanent Judge of the Hong Kong Court of Final Appeal)
18 Susan Kwan Shuk-hing 2009–2019 Became Vice President of the Court of Appeal [28]
19 Joseph Paul Fok 2011–2013 Became Permanent Judge of the Court of Final Appeal SC (1999)
20 Carlye Chu Fun-ling 2011–2022 Became Vice President of the Court of Appeal
21 Michael Victor Lunn, GBS 2011–2014 Became Vice President of the Court of Appeal QC (1994) [29]
22 Johnson Lam Man-hon 2012–2013 Became Vice President of the Court of Appeal [30]
23 Aarif Tyebjee Barma 2012– SC (2002)
24 Andrew Colin Macrae 2013–2018 Became Vice President of the Court of Appeal SC (1999) [31]
25 Ian Charles McWalters, GBS 2014–2021 Retired SC (2005)
26 Derek Pang Wai-cheong 2015–
27 Jeremy Poon Shiu-chor 2015–2019 Became Chief Judge of the High Court
28 Kevin Paul Zervos 2018– SC (2003)
29 Thomas Au Hing-cheung 2019–
30 Anderson Chow Ka-ming 2021– SC (2004)
31 Godfrey Lam Wan-ho 2021– SC (2008)
32 Maggie Poon Man-kay 2021–
33 Anthea Pang Po-kam 2021–

See also

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References

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  1. ^ Supreme Court Ordinance 1975 (No. 92 of 1975). Hong Kong: Legislative Council of Hong Kong. 1975. Retrieved 19 December 2024 – via www.eLegislation.gov.hk.
  2. ^ Clark, Douglas, Gunboat Justice, Vol 2, p179-181
  3. ^ Supreme Court Ordinance 1975, which came into effect in 1976
  4. ^ "Hong Kong Court of Final Appeal – A Brief Overview of the Court of Final Appeal".
  5. ^ "Basic Law - Basic Law - Chapter IV (EN)". www.basiclaw.gov.hk. Retrieved 19 December 2024.
  6. ^ "Report of the Subcommittee on proposed senior judicial appointments" (PDF). Hong Kong Legislative Council. 13 June 2003.
  7. ^ A Solicitor v The Law Society of Hong Kong, FACV 24/2007, reported at (2008) 11 HKCFAR 117, at para. 21
  8. ^ A Solicitor v The Law Society of Hong Kong, FACV 24/2007, reported at (2008) 11 HKCFAR 117, at para. 21
  9. ^ See, for example, Chan Pui-ki v Leung On, CACV 263/1995, reported at [1996] 2 HKLRD 401, which was heard by the Vice President of the Court of Appeal (Mr Justice Litton) and four Justices of Appeal (Mr Justice Bokhary, Mr Justice Mortimer, Mr Justice Godfrey and Mr Justice Ching)
  10. ^ High Court Ordinance (Cap. 4), Section 34B(4)
  11. ^ High Court Ordinance (Cap. 4), Section 35(1)
  12. ^ High Court Ordinance (Cap. 4), Section 34(2A)
  13. ^ High Court Ordinance (Cap. 4), Section 34A
  14. ^ A Solicitor v The Law Society of Hong Kong, FACV 24/2007, reported at (2008) 11 HKCFAR 117, at para. 57
  15. ^ Chiu Hoi Po v Commissioner of Police, CACV 200/2006, reported at [2008] 4 HKLRD 67, at para. 45
  16. ^ A Solicitor v The Law Society of Hong Kong, FACV 24/2007, reported at (2008) 11 HKCFAR 117, at para. 58
  17. ^ High Court Ordinance (Cap. 4), Section 34(5)-(6)
  18. ^ High Court Ordinance (Cap. 4), Section 34B(5)
  19. ^ See, for example, Eugene Jae-Hoon Oh v Kate Gaskell Richdale, CACV 162/2003, reported at [2005] 2 HKLRD 285, in which Ma CJHC and Cheung JA disagreed on the outcome. The case was subsequently re-heard before Woo VP, Le Pichon JA and Chung J in Eugene Jae-Hoon Oh v Kate Gaskell Richdale, CACV 162/2003.
  20. ^ High Court Ordinance (Cap. 4), Section 5(2)
  21. ^ Criminal Procedure Ordinance (Cap. 221), Section 83Y
  22. ^ Standard, The. "Jailed gay rights activist loses appeal to have Hong Kong marriage laws reviewed". The Standard. Retrieved 25 August 2022.
  23. ^ Ho, Kelly (30 November 2022). "Landmark Hong Kong appeal ruling confirms minimum sentences for 'serious' national security offences". Hong Kong Free Press HKFP. Retrieved 30 November 2022.
  24. ^ "Retired judge Woo Kwok-hing first to officially throw hat in the ring for Hong Kong's 2017 chief executive election". South China Morning Post. 26 October 2016. Retrieved 20 July 2020.
  25. ^ "Face to Face with Frank Stock, Former Vice-President of the Court of Appeal | Hong Kong Lawyer". www.hk-lawyer.org. Retrieved 20 July 2020.
  26. ^ "Hong Kong's Legal Services". www.legalhub.gov.hk. Retrieved 20 July 2020.
  27. ^ Keepthinking. "The Honourable Robert TANG Ching, GBM, SBS, JP". www.westkowloon.hk. Retrieved 20 July 2020.
  28. ^ "Appointment of Vice-President of the Court of Appeal of the High Court". www.info.gov.hk. Retrieved 20 July 2020.
  29. ^ "Michael Lunn to head panel to review bus franchise | Hong Kong | China Daily". www.chinadailyhk.com. Retrieved 20 July 2020.
  30. ^ "Judicial appointment". www.info.gov.hk. Retrieved 20 July 2020.
  31. ^ "Appointment of Vice-President of the Court of Appeal". www.info.gov.hk. Retrieved 20 July 2020.
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