Hong Kong's courts and legal system

Hong Kong has its own court structure, appeal routes and legal framework. The Basic Law also assigns roles to the legislature and Chief Executive in making and publishing laws.

Court structure and appeal routes

The Court of Appeal hears appeals from the Court of First Instance and District Court, as well as from the Competition Tribunal, Lands Tribunal and various tribunals and statutory bodies. The Court of First Instance has unlimited civil and criminal jurisdiction, and also hears appeals from Magistrates' Courts and several tribunals.^[1]

At the upper levels, appeals from the Court of First Instance and the District Court go to the Court of Appeal. Appeals on civil and criminal matters from the High Court go to the Court of Final Appeal. The Basic Law places final adjudication in the Court of Final Appeal.^[2]

Other courts and tribunals have defined jurisdiction. The District Court hears civil disputes above HK$75,000 and up to HK$3 million and has defined criminal jurisdiction, while Magistrates' Courts have criminal jurisdiction subject to statutory limits. The Small Claims Tribunal hears civil claims up to HK$75,000.^[1]

The Family Court deals mainly with divorce and related matters. The Labour Tribunal handles labour disputes and has no upper claim amount, but its jurisdiction requires a claim above HK$15,000 for at least one claimant or more than 10 claimants.

The Basic Law identifies the Court of Final Appeal, High Court, district courts, magistrates' courts and other special courts as part of the judiciary. It provides that the High Court consists of the Court of Appeal and Court of First Instance. The structure, powers and functions of courts at each level are prescribed by law.^[2]

Legal tradition and judicial role

Hong Kong's legal framework retains a common law tradition. The Basic Law says the judicial system previously practised in Hong Kong is maintained, subject to changes consequent on establishing the Court of Final Appeal. Courts adjudicate under laws applicable in the Region and may refer to precedents from other common law jurisdictions.^[2]

Judicial power belongs to the courts at all levels, and the courts exercise it independently. The Basic Law also maintains the principle of trial by jury previously practised in Hong Kong. The Court of Final Appeal may invite judges from other common law jurisdictions to sit on that court when required.^[2]

The Basic Law assigns appointment of judges to the Chief Executive on recommendation from an independent commission. It describes that commission as comprising local judges, members of the legal profession and people from other sectors. Judges and other members of the judiciary are selected on judicial and professional qualities, and may be recruited from other common law jurisdictions.^[2]

How laws are made and published

The Legislative Council is Hong Kong's legislature. Its listed powers include enacting, amending and repealing laws in accordance with the Basic Law and legal procedures. The Government may draft and introduce bills and subordinate legislation, while the Chief Executive signs bills passed by the Council and promulgates laws.^[2]

A bill passed by the Legislative Council takes effect only after the Chief Executive signs and promulgates it.

The Hong Kong Court of Final Appeal Ordinance, Cap. 484, and other laws define the Court of Final Appeal's jurisdiction. Ordinances also establish or govern particular tribunals, setting their jurisdiction and functions.^[1]^[2]

Questions and answers

Which court is Hong Kong's highest appellate court?

The Court of Final Appeal is the highest appellate court. The Basic Law vests final adjudication in that court.^[1]

What courts make up Hong Kong's High Court?

The High Court consists of the Court of Appeal and the Court of First Instance. The Basic Law specifies this composition.^[2]

Where do appeals from the District Court go?

The Court of Appeal hears appeals from the District Court. It also hears appeals from the Court of First Instance and certain tribunals and statutory bodies.^[1]

What legal tradition do Hong Kong courts follow?

The Basic Law maintains the judicial system previously practised in Hong Kong, subject to changes tied to establishing the Court of Final Appeal. Courts may refer to precedents from other common law jurisdictions.^[2]

Who exercises judicial power in Hong Kong?

The courts at all levels form Hong Kong's judiciary and exercise the Region's judicial power. The Basic Law says courts exercise that power independently.^[2]

How does a bill become effective as a law?

A bill passed by the Legislative Council takes effect after the Chief Executive signs and promulgates it.^[2]

Related glossary terms

Corporate trustee: A corporate trustee is a corporation under Jersey law. The law explains how it acts for a trust and relates to an individual trustee or trust corporation.
Beneficiary: The Jersey trust law describes a beneficiary by entitlement or by a discretionary possibility of receiving trust property. The definition covers both forms.
Purpose trust: A purpose trust holds property for purposes, not for beneficiaries, and relies on an enforcer. Bermuda and Jersey define it differently, as does Cayman.