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The High Court of the Hong Kong Special Administrative Region [1] is a part of the legal system of Hong Kong.It 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 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 ...
In Hong Kong, every criminal case begins at a magistrate's court, regardless of its severity and complexity. But, under the spirit of separation of powers, a magistrate , being part of the judicial branch, has no right to actively start a criminal prosecution and must wait for someone to bring up a complaint before him or her.
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").
A review of the extent to which the courts in Hong Kong could consider the commercial purpose of the parties when interpreting a commercial contract was occasioned by the Hong Kong Court of Final Appeal's consideration of the lower courts' rulings in Sinoearn International Ltd v Hyundai-CCECC Joint Venture (A Firm), with a ruling published in ...
Hong Kong Tramways Ordinance Cap.107 Authorized construction 1902 1911, 1912, 1950 HKT was incorporated in Britain: Post Office Ordinance Cap. 1926 Amendment 1926 1950 change of laws relating the Hong Kong Post Office: High Court Ordinance Cap.4 1976 1998 Related to the pre-1997 High Court of Justice, now Court of First Instance
The High Court was established by the High Court Ordinance (Chapter 4, formerly titled the Supreme Court Ordinance), as the "Supreme Court of Hong Kong". It was renamed the "High Court" by Article 81 of the Basic Law of Hong Kong.
In Kambo Mercedes & Another v Jenny McElney and Others, [5] the courts have power under the Supreme Court Ordinance to make rules governing "practice and procedure". However, the Rules of High Court, which was a subsidiary legislation made under the Supreme Court Ordinance, conferred power on judges to grant monetary award and holiday pay to ...