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Judicial review in Hong Kong is conducted according to the Constitutional and Administrative Law List (Practice Direction 26.1). [1] It comprises two different aspects: firstly, judicial review of domestic ordinances as to their compatibility with the Basic Law ("constitutional review"); secondly, judicial review of administrative decisions under administrative law ("administrative review").
The Ordinance for the Regulation of Jurors and Juries was first enacted in 1845. Ever since then, the practice of trial by jury has been important part of Hong Kong’s judicial system. This is also recognised in the Basic Law, Article 86: "The principle of trial by jury previously practised in Hong Kong shall be maintained."
It replaced the Judicial Committee of the Privy Council in London as the highest appellate court of Hong Kong, The Court comprises five judges — the Chief Justice, three permanent judges and one non-permanent judge from Hong Kong or another common law jurisdiction. There is a panel of eight non-permanent Hong Kong judges and nine non ...
A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts. The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court [2] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal.
A number of serving and retired Hong Kong High Court Judges also sit as Supreme Court Judges in Brunei. For example, while Mr Justice Rogers served as Vice President of the Hong Kong Court of Appeal, he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011.
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Hong Kong Bill of Rights Ordinance, Article 11(1) recognises the principle of presumption of innocence: Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Hong Kong Bill of Rights Ordinance, Article 11(2)(g) ensures the right against self-incrimination and the right to ...
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