The Court of Final Appeal of Hong Kong (Chinese: 香港終審法院) is the court with the final adjudication power on the laws of Hong Kong.
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 (including England and Wales) can be recruited and serve in the judiciary according to Article 92 of the Basic Law.
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[2][3] 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.
[edit] Building
Since its inception, the court has been located in the Former French Mission Building, in Central.[4] The Hong Kong Government is planning to relocate it to the present Legislative Council Building, which was originally designed to be a law court and was once the location of the colonial Supreme Court (1912-1985), in 2015 following renovations.
[edit] List of judges
[edit] Permanent 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 Chan |
1948 Hong Kong |
Tung Chee-Hwa |
2000 |
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) |
| 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) |
[edit] Non-Permanent judges
| Title and name |
Date of birth |
Appointed by |
Took office |
Prior positions |
| Mr Gerald Nazareth, GBS |
|
|
|
Vice President of the Court of Appeal of Hong Kong, Justice of the Court of Appeal of Bermuda |
| The Hon. Justice John B. Mortimer, GBS QC |
7 August 1931 United Kingdom |
Tung Chee-Hwa |
1997 |
|
| The Hon Henry Litton, GBM |
1934 Hong Kong |
Tung Chee-Hwa |
1997 |
Chairman of Hong Kong Bar Association; Vice President of the Hong Kong Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000 |
| The Hon Sir Anthony Mason |
21 April 1925 Australia |
Tung Chee-Hwa |
1997 |
Former Chief Justice of the High Court of Australia and judge of the Supreme Court of New South Wales |
| The Rt Hon the Lord Hoffmann |
8 May 1934 South Africa |
Tung Chee-Hwa |
|
Lord of Appeal in Ordinary (Law Lord) of the UK House of Lords; former Lord Justice of Appeal |
| The Hon Sir Gerard Brennan |
22 May 1928 Australia |
Tung Chee-Hwa |
2000 |
Former Chief Justice of Australia, High Court of Australia; Federal Court of Australia |
| The Rt Hon the Lord Millett |
23 June 1932 United Kingdom |
Tung Chee-Hwa |
2000 |
Law Lord, House of Lords (UK) |
| The Rt Hon the Lord Woolf of Barnes |
2 May 1933 United Kingdom |
Tung Chee-Hwa |
2003 |
Lord of Appeal in Ordinary (Law Lord); and former Lord Chief Justice of England and Wales |
| The Rt Hon the Lord Scott of Foscote |
2 October 1934 South Africa |
Tung Chee-Hwa |
2003 |
Lord of Appeal in Ordinary (Law Lord); former justice of High Court of Justice of England and Wales (Chancery Division), Lord Justice of Appeal, Vice-Chancellor of the Supreme Court |
| The Hon. Michael McHugh |
1 November 1935 Australia |
Donald Tsang |
2005 |
Former justice of the High Court of Australia |
| The Rt Hon Sir Thomas Gault |
31 October 1938 New Zealand |
Donald Tsang |
|
|
| The Hon. Murray Gleeson, AC |
30 August 1938 Australia |
Donald Tsang |
2008 |
Former chief justice of the High Court of Australia |
| The Rt Hon the Lord Walker of Gestingthorpe |
17 March 1938 United Kingdom |
Donald Tsang |
|
|
| The Hon Michael J. Hartmann |
24 July 1944 British India |
Donald Tsang |
2010 |
Justice of the Court of Appeal of Hong Kong, Justice of the Court of First Instance of Hong Kong, Judge of the District Court of Hong Kong |
| The Rt Hon the Lord Neuberger of Abbotsbury |
10 January 1948 United Kingdom |
Donald Tsang |
|
|
| The Rt Hon the Lord Collins of Mapesbury |
7 May 1941 United Kingdom |
Donald Tsang |
2011 |
Justice of the Supreme Court of the United Kingdom; Lord of Appeal in Ordinary (Law Lord); Lord Justice of Appeal |
| The Rt Hon the Lord Clarke of Stone-cum-Ebony |
13 May 1943 United Kingdom |
Donald Tsang |
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 |
| The Hon Mr Justice Bokhary |
1947 Hong Kong |
Leung Chun-ying |
2012 |
Judge of the High Court (1989-1993), Justice of Appeal of the Court of Appeal (1993-1997), Permanent Judge of the Court of Appeal (1997-2012) |
| The Hon Mr Justice Spigelman, AC |
1946 Poland |
Leung Chun-ying |
2013 |
Chief Justice of the Supreme Court of New South Wales (1998-2011) |
| The Hon Mr Justice Gummow, AC |
1942 Australia |
Leung Chun-ying |
2013 |
Justice of the High Court of Australia (1995-2012) |
[edit] See also
[edit] References
[edit] External links