Court of Final Appeal (Hong Kong)
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|Hong Kong Court of Final Appeal
|Location||1 Battery Path, Central,
|Authorized by||Hong Kong Basic Law|
|Since||1 September 2010|
Before 1 July 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong. Since then, it serves as the court of last resort, thus executing the power of final adjudication on the laws of Hong Kong.
Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. Judges from other common law jurisdictions can be recruited and serve in the judiciary as non-permanent judges according to Article 92 of the Basic Law. Judges appointed pursuant to Article 92 have typically served in the judiciaries of England and Wales or Australia.
The court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law. The power of final interpretation of national law including the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law and by the Constitution of the PRC, however national laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong.
Article 158 delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. Controversy regarding this power of interpretation arose in the right of abode issue in 1999.
Since its inception, the court has been located in the Former French Mission Building, in Central. The Hong Kong Government is planning to relocate it in 2015 to the former (until 2011) Legislative Council Building, which was originally designed to be a law court and was once the location of the colonial Supreme Court (1912–1985), following renovations.
List of judges
|Title and Name||Date of birth||Appointed by||Took office||Prior positions|
|Chief Justice of the Court of Final Appeal
The Hon Mr Justice Geoffrey Ma
|January 1956 Hong Kong||Donald Tsang||2010||Barrister since 1978, Recorder of the Court of First Instance of the High Court (2000–2001), Judge of the Court of First Instance (2001–2002), Justice of Appeal of the Court of Appeal (2002–2003), Chief Judge of the High Court in Hong Kong (2003–2010)|
|The Hon Mr Justice Ribeiro||1949 Hong Kong||Tung Chee-Hwa||2000||Former legal academic and lawyer since 1979, Recorder of the High Court (1997–1999), Judge of the High Court (1999–2000), Justice of Appeal of the Court of Appeal (2000)|
|The Hon Mr Justice Tang||1947 Hong Kong||Leung Chun-ying||2012||Barrister since 1970, Deputy District Judge 1982–1986, Deputy High Court Judge 1986–1995, Recorder for the High Court of Justice/Court of First Instance 1995–2005, Vice-President of the Court of Appeal (2006–2012), Justice of Appeal of the Court of Appeal (2005)|
|The Hon Mr Justice Fok||September 1962 Hong Kong||Leung Chun-ying||2013||Barrister in Hong Kong since 1986, Recorder of the Court of First Instance of the High Court (2003–2009), Judge of the Court of First Instance (2010–2011), Justice of Appeal of the Court of Appeal (2011–2013)|
Former permanent judges
- Charles Ching (1997–2000)
- Henry Litton (1997–2000)
- Kemal Bokhary (1997-2012)
- Patrick Chan (2000-2013)
|Non-Permanent Judges||Non-Permanent Judges from other common law jurisdictions|
|Chinese title and name||English title and name||Tenure||Remarks||Chinese name||English name||Tenure||Remarks|
|羅弼時爵士||Sir Denys Tudor Emil ROBERTS||28 July 1997－27 July 2003||Sir Denys died on 19 May 2013.||梅師賢爵士||The Honourable Sir Anthony MASON||28 July 1997 –||Chief Justice of the High Court of Australia, judge of the Supreme Court of New South Wales|
|赫健士爵士||Sir Alan Armstrong HUGGINS||28 July 1997－27 July 2003||顧安國勳爵||The Right Honourable the Lord COOKE of Thorndon||28 July 1997－27 July 2006||Lord Cooke of Thorndon died on 30 August 2006|
|麥慕年先生||Mr Art Michael McMULLIN||28 July 1997－27 July 2003||沈穆善爵士||The Right Honourable Sir Edward SOMERS||28 July 1997－27 July 2003||Sir Edward died on 13 June 2012.|
|康士爵士||Sir Derek CONS||28 July 1997－27 July 2006||杜偉舜爵士||The Right Honourable Sir Daryl DAWSON||1 September 1997－31 August 2003|
|邵祺先生||Mr William James SILKE||28 July 1997－27 July 2009||李啟新勳爵||The Right Honourable the Lord NICHOLLS of Birkenhead||12 January 1998－11 January 2004|
|傅雅德先生||Mr Kutlu Tekin FUAD||28 July 1997－27 July 2009||賀輔明勳爵||The Right Honourable the Lord HOFFMANN||12 January 1998－||Lord of Appeal in Ordinary, Lord Justice of Appeal|
|郭樂富先生||Mr Philip Gerard CLOUGH||28 July 1997－27 July 2006||布仁立爵士||The Honourable Sir Gerard BRENNAN||28 July 2000－27 July 2012||Chief Justice of the High Court of Australia, Justice of the High Court of Australia, judge of the Federal Court of Australia|
|麥德高先生||Mr Neil MACDOUGALL||28 July 1997－27 July 2003||艾俊彬爵士||The Right Honourable Sir Thomas EICHELBAUM||28 July 2000－27 July 2009|
|鮑偉華爵士||Sir Noel Plunkett POWER||28 July 1997－19 November 2009||Sir Noel died on 19 November 2009.||苗禮治勳爵||The Right Honourable the Lord MILLETT||28 July 2000－||Lord of Appeal in Ordinary|
|黎守律先生||Mr Gerald Paul NAZARETH||28 July 1997－27 July 2012||Vice-President of the Court of Appeal of the High Court of the Hong Kong Special Administrative Region, Justice of the Court of Appeal of Bermuda||伍爾夫勳爵||The Right Honourable the Lord WOOLF||28 July 2003－27 July 2012||Master of the Rolls, Lord Chief Justice of England and Wales|
|馬天敏先生||Mr John Barry MORTIMER||28 July 1997－||施廣治勳爵||The Right Honourable the Lord SCOTT of Foscote||28 July 2003－27 July 2012||Lord of Appeal in Ordinary, Justice of Her Majesty's High Court of Justice in England (Chancery Division), Lord Justice of Appeal, Vice-Chancellor of the Supreme Court|
|烈顯倫先生||Mr Henry Denis LITTON||14 September 2000||Chairman of Hong Kong Bar Association; Vice-President of the Court of Appeal of the Supreme Court of Hong Kong (1995–1997), Permanent Judge of the Hong Kong Court of Final Appeal (1997–2000)||韋卓善爵士||The Right Honourable Sir Ivor RICHARDSON||28 July 2003－27 July 2009|
|沈澄先生||Mr Charles Arthur CHING||7 October 2000－30 November 2000||Sir Charles died on 30 November 2000.||馬曉義先生||Mr Michael McHugh||1 July 2006－30 June 2012||Justice of the High Court of Australia|
|鄧楨法官||The Honourable Mr Justice Robert TANG Ching||1 September 2010－24 October 2012||高禮哲爵士||The Right Honourable Sir Thomas Munro GAULT||1 July 2006 –|
|司徒敬法官||The Honourable Mr Justice Frank STOCK||1 September 2010－||紀立信先生||Mr Murray Gleeson||1 March 2009－||Chief Justice of the High Court of Australia|
|夏正民法官||The Honourable Mr Justice Michael John HARTMANN||1 September 2010－||Judge of the High Court of the Hong Kong Special Administrative Region, District Judge (Hong Kong)||華學佳勳爵||The Right Honourable the Lord WALKER of Gestingthorpe||1 March 2009－|
|包致金法官||The Honourable Mr Justice Syed Kemal Shah BOKHARY||25 October 2012－||Judge of the Supreme Court of Hong Kong (1989–1993), Justice of Appeal of the Supreme Court of Hong Kong (1993–1997), Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012)||廖柏嘉勳爵||The Right Honourable the Lord NEUBERGER of Abbotsbury||1 March 2009－|
|陳兆愷法官||The Honourable Mr Justice Patrick CHAN Siu-oi||21 October 2013 –||Judge of the District Court (1987–1991), Deputy Registrar of the High Court (1991–1992), Judge of the High Court (1992–1997), Chief Judge of the High Court (1997–2000), Permanent Judge of the Hong Kong Court of Final Appeal (2000–2012)||郝廉思勳爵||The Right Honourable the Lord COLLINS of Mapesbury||30 June 2011－||Justice of the Supreme Court of the United Kingdom; Lord of Appeal in Ordinary, Lord Justice of Appeal|
|簡嘉麒勳爵||The Right Honourable the Lord CLARKE of Stone-cum-Ebony||30 June 2011－||Justice of the Supreme Court of the United Kingdom, Master of the Rolls and Records of the Chancery of England, Lord Justice of Appeal|
|范理申勳爵||The Right Honourable the Lord PHILLIPS of Worth Matravers||1 October 2012－|
|施覺民法官||The Honourable Mr Justice Spigelman||8 April 2013 –||Chief Justice of the Supreme Court of New South Wales (1998–2011)|
|甘慕賢法官||The Honourable Mr Justice Gummow||8 April 2013 –||Justice of the High Court of Australia (1995–2012)|
- "judiciary.gov.hk: Contact Us".
- Finance Committee – Public Works Subcommittee (Papers) 8 Nov 95: "Conversion of the French Mission Building into the Court of Final Appeal"