118-582: High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Election Committee is the electoral college in Hong Kong that selects the Chief Executive (CE) and, since 2021, elects 40 of
236-474: A barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as the Registrar or a Master. Full-time Judges and Recorders , as well as the Registrar and Masters, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC). Part-time Deputy Judges are appointed on
354-475: A Deputy High Court Judge and High Court Master, also sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam. Recorders of the court of first instance of the high court are practitioners in private practice (in practice, Senior Counsel ) who are appointed for a fixed term of a few years and sit for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of
472-580: A Justice of Appeal in 2000. In 2019, Madam Justice Susan Kwan was the first woman to be appointed as Vice President of the Court of Appeal. The current full-time judges of the High Court (as at 9 August 2024) are (ranked according to the priority of their respective appointments; Senior Counsels indicated by an asterisk *): Chief Judge of the High Court Justices of Appeal of the Court of Appeal of
590-651: A case in a courtroom situated in the District Court building. This is similar to England , where the High Court sometimes sits outside London in County Courts which act as High Court District Registries. In the Jimmy Lai case, the prosecution asked the High Court for an adjournment from 1 December 2022 to 8 December 2022; the High Court added a few more days and adjourned it until 13 December 2022. On 13 December 2022,
708-598: A conflict between "one country" and "two systems" by stating that the interests of China ("one country") should prevail over Hong Kong's constitutional autonomy ("two systems"). This ignited criticism from many people in Hong Kong, who said that the Communist leadership was undermining the Basic Law Article 8, in that it was reneging on its pledges to abide by the policy that allows for a democratic, autonomous Hong Kong under Beijing's rule. The Basic Law guarantees Hong Kong
826-433: A contested election in 1998 and 2000. The Employers' Federation of Hong Kong Subsector is one of the five subsectors without a corresponding functional constituency. It is composed of corporations including banking and financial services, hotel and catering, industrial and manufacturing, insurance, professional and business services, construction, shipping, trading, distribution, and transportation companies who are members of
944-515: A corresponding Architectural, Surveying, Planning and Landscape functional constituency . It consists of individuals who are registered architects, landscape architects, surveyors, planners or individual members of the organisations such as the Hong Kong Institute of Architects , the Hong Kong Institute of Surveyors and the Hong Kong Institute of Planners entitled to vote a general meetings. Registered landscape architects were not included in
1062-703: A corresponding functional constituency Textiles and Garment . Corporate members of associations such as the Textile Council of Hong Kong, Federation of Hong Kong Garment Manufacturers, the Hong Kong Chinese Textile Mills Associations, and the Hong Kong Institution of Textile and Apparel who are allowed to vote at general meetings are the electors of this Subsector. Individuals include registered textiles and clothing manufacturers, and registered textile traders. From 1998 and 2000 there
1180-472: A crime is committed across provincial or SAR borders. The current status quo is that Hong Kong will ask for the return of Hong Kong residents who have committed crimes in Hong Kong and are arrested in the mainland. A mainlander who commits a crime in Hong Kong and flees back to the mainland, however, will be tried in the mainland. In cases of concurrent jurisdiction, the Central Government has demanded that
1298-569: A daily rate of HK$ 11,765. The retirement age of full-time High Court Judges is 70. However, the term of office can be extended further up to the age of 75. The Chief Judge of the High Court is the Court Leader of the High Court and the President of the Court of Appeal. The Chief Judge is responsible for the administration of the High Court and is accountable to the Chief Justice , who is head of
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#17328332744401416-511: A full-time Judge of the Court of First Instance receives a monthly salary of HK$ 292,650, while a Justice of Appeal receives a monthly salary of HK$ 307,050. The Chief Judge of the High Court receives a monthly salary of HK$ 340,600. Further, full-time Judges are provided with housing in Judiciary Quarters or, alternatively, a housing allowance at HK$ 163,525 per month. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at
1534-461: A full-time Judge of the Court of First Instance. The recordership scheme was introduced in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It was intended to act as a more formal system of appointment compared to the more ad hoc nature of appointment of Deputy High Court Judges. The current Recorders of
1652-621: A high degree of autonomy under Chinese rule, with the exception of foreign affairs and defence which remains the purview of the Central People's Government. Four agencies of the central government operate in Hong Kong. The Office of the Commissioner of the Ministry of Foreign Affairs was established under Article 13 of the Basic Law and began operating after the handover. The Liaison Office of
1770-516: A number of subsectors (with a total of 38 subsectors). Amongst the 38 subsectors, members of 35 subsectors are returned by elections. The Annex I of Basic Law states that the Election Committee shall be composed of 1,500 members from the five sectors: The first sector composed of members from industrial, commercial and financial backgrounds. They are mostly elected by corporate votes and is the highest portion of uncontested subsectors. It includes
1888-489: A person must love the country and love Hong Kong and that safeguards for this purpose should be provided for by the specific method of universal suffrage, without specifying what the safeguards were to be. The reform proposal encompassing this and other changes was rejected by the Legislative Council on June 18, 2015, after an ill-timed walk-out by many pro-establishment legislators. The courts of Hong Kong are given
2006-453: A political party is acceptable). All High Court Judges (regardless of whether they are full-time Judges, Recorders or Deputy Judges on temporary appointment) are addressed in court as "My Lord" or "My Lady". In court judgments and decisions, Vice Presidents of the Court of Appeal are referred to as '[surname] VP' or '[surname] V-P' (or in the plural as '[surname] and [surname] V-PP'). Justices of Appeal are referred to as '[surname] JA' (or in
2124-425: A representative committee under democratic procedures." However, Hong Kong has yet to implement universal suffrage for the elections, because the Basic Law states that the electoral method are subject to the "actual situation" of Hong Kong and "the principle of gradual and orderly progress". Whether the 2007 chief executive election and the 2008 Legislative Council elections could be performed by universal suffrage
2242-647: A retired High Court Judge, District Judge or magistrate as Chairman of the Appeal Board on Public Meetings and Processions (currently Mr Justice Pang Kin-kee ). In addition, it is a statutory requirement that the Chief Executive appoint a serving or retired High Court Judge or Deputy High Court Judge to chair the Market Misconduct Tribunal (MMT) and the Securities and Futures Appeals Tribunal (SFAT). At present, Mr Justice Lunn (former Vice President of
2360-545: A shadowy 'Central Investigation Team' ("中央專案組" or "中央調查組"). Article 95 provides for mutual judicial assistance between Hong Kong and the PRC; however, serious stumbling blocks, such as capital punishment stand in the way of a formal understanding of extradition . Additionally, HKSAR authorities have ruled that Articles 6 and 7 of the PRC Criminal Code does not give Hong Kong sole jurisdiction in criminal matters, particularly when
2478-541: A single Judge, though important cases may be heard by a bench consisting of more than one Judge, although this is very rare. This practice is similar to the English High Court , where important cases may be heard by a divisional court consisting of a three- or two-member bench. All judges of the Court of First Instance also serve as members of the Competition Tribunal. The President and Deputy President of
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#17328332744402596-589: A temporary basis by the Chief Justice . It is not uncommon for a person to sit as a Recorder or Deputy High Court Judge prior to appointment as a full-time High Court Judge. Newly-appointed High Court judges with previous service as the Director of Public Prosecutions in the Department of Justice are subject to a 'sanitisation' period of 6 months upon appointment. During this period, the judge does not deal with any criminal trials or appeals or any civil cases involving
2714-547: Is a statutory requirement that the Chief Executive appoint a serving or retired High Court judge to be Commissioner on Interception of Communications and Surveillance (currently Mr Justice Suffiad). The Chief Executive also appoints three to six Judges of the Court of First Instance (currently Mr Justice Fung , Mr Justice Bharwaney and Madam Justice Lisa Wong) on the recommendation of the Chief Justice to serve as panel judges handling interception and surveillance authorisation requests from law enforcement agencies. Further, it
2832-483: Is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of the Long-term Prison Sentences Review Board. At present, Mr Justice Pang Kin-kee and Mr Justice Wilson Chan are President and Deputy President respectively of the Long-term Prison Sentences Review Board. It is also a statutory requirement that the Chief Executive appoint
2950-547: Is a statutory requirement that the Electoral Affairs Commission be headed by a chairman who is a High Court judge (currently Mr Justice Lok) appointed by the Chief Executive in consultation with the Chief Justice . The Electoral Affairs Commission must appoint a Judge of the Court of Final Appeal or a High Court Judge to act as returning officer for elections for the Chief Executive of Hong Kong . Similarly, it
3068-476: Is composed of both individual and corporate members of the Federation of Hong Kong Industries who are entitled to vote at general meetings. In 2004 and 2006 there were no individuals registered electors and there were 794 and 743 corporations registered respectively. The Subsector held elections in 1998 and 2000 and in the 2000 election there were 23 candidates running for 12 seats. The Industrial (Second) Subsector
3186-491: Is corresponding to the Accountancy functional constituency and includes individuals who are certified public accountants. The number of registered individuals in 1998 was 9,897 and 20,765 in 2006. The Subsector has held contested elections in 1998, 2000, and 2006 as well as the 2005 by-election. It has been one of the most highly contested subsectors with an average of 2.04 candidates per seats and 12 candidates for 3 open seats in
3304-659: Is corresponding to the Industrial (Second) functional constituency of the same corporate members of the Chinese Manufacturers' Association of Hong Kong that are entitled to vote at general meetings. In 2006 there were 517 registered corporate electors. The Industrial (Second) Subsector never had a contested election. The Insurance Subsector corresponds with the Insurance functional constituency and contains companies who are authorised or deemed authorised insurers. The makeup of
3422-471: Is increasingly competitive with 27 candidates in 1998 and 49 in 2006 running for 20 seats. 10 seats of the Education sub-sector are ex officio seats filled by Vice-Chancellor or Presidents of universities: 10 seats of the Education sub-sector are ex officio seats filled by offices specified by sponsoring bodies which operate secondary schools, primary schools and kindergarten that receive recurrent funding from
3540-524: Is one of the five subsectors without a corresponding functional constituency. It consists of individual members of ten organisations including the Hong Kong Association of Traditional Medicine, Hong Kong Chinese Herbalists Association, and Society of Practitioners of Chinese Herbal Medicine who are entitled to vote at general meetings. In 2006 there were 4,250 registered individual electors. This Subsector held contested elections in 1998, 2000, 2006, and
3658-582: The Chinese People's Political Consultative Conference , Area Committees and District Fight Crime Committees. Those groups will make up 156 seats in the Election Committee and 27 seats will be given to Hongkongers based in mainland China. The 117 seats of the District Councils will be removed. The Election Committee will elect 40 member for the Legislative Council which will be the biggest share of
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3776-520: The Hong Kong Chinese Importers' and Exporters' Association and companies which are licensed to import and export dutiable commodities, motor vehicles and chemicals. In 2006 there were 777 registered corporate electors and 615 individual electors. The Import and Export Subsector had only a contested election in 1998 with turnout rate of 34.55%. The Industrial (First) Subsector corresponds to the Industrial (First) functional constituency. It
3894-569: The Hong Kong West Kowloon station of the Guangzhou–Shenzhen–Hong Kong Express Rail Link was completed to include a section where mainland Chinese officials are allowed to exercise Chinese laws, an arrangement that intended to reduce the time needed for immigration. The effectiveness of Chinese law inside Hong Kong territory was challenged in the same year in the Court of First Instance. The court ruled that
4012-579: The Judiciary . The Chief Judge must be a Chinese citizen who is a Hong Kong permanent resident with no right of abode in any foreign country. The Judges who have held the position of Chief Judge of the High Court of Hong Kong to date are: For pre-1997 Chief Justices, see: Chief Justice of the Supreme Court of Hong Kong Full-time High Court judges are given the prefix 'the Honourable' and referred to as 'Mr/Madam/Mrs Justice [surname]'. The Chief Judge of
4130-871: The Real Estate Developers Association of Hong Kong , the Hong Kong Construction Association, and the Hong Kong E&;M Contractors' Association who are entitled to vote at general meetings. Large increase in the number and proportion of the individual electors was seen from 1998 when there were 62 individuals making up 15.8% of the electorate and 286 comprising 42.2% in 2000. The proportion remained consistent from 2000 to 2006 when there were 427 corporate electors and 292 individuals. The Real Estate and Construction Subsector held contested elections in 1998, 2000, and 2006 with turnout rates of around 65%. The Textiles and Garment Subsector has
4248-782: The Sino–British Joint Declaration was signed, the National People's Congress set up the Basic Law Drafting Committee (BLDC) in 1985, setting the basis of the transfer of sovereignty in Hong Kong from the United Kingdom to China. The committee was responsible for writing the draft Basic Law. In June 1985, the Standing Committee of the National People's Congress (NPCSC) approved the membership of
4366-532: The Transport functional constituency and consists of bodies including the Airport Authority Hong Kong , Hong Kong Public & Maxicab Light Bus United Association, and MTR Corporation . In 2006 there were 179 registered corporate electors and the number remained little changed. The Transport Subsector held contested elections in 1998, 2000, and 2006. The Wholesale and Retail Subsector is corresponding
4484-559: The Wholesale and Retail functional constituency and consists of both corporate and individual members of 84 different associations including the Chinese Merchants (H.K.) Association, Hong Kong Retail Management Association, and Chinese Medicine Merchants Association. The Wholesale and Retail had contested elections in 1998, 2000 and 2006 with relatively low turnout rates of 34.56%, 28.66%, and 32.26% respectively. The Accountancy Subsector
4602-689: The 1998, 2000 and 2006 elections with about 65% turnout rate. The Hong Kong Chinese Enterprises Association subsector is another subsector of the five without an equivalent functional constituency. It consists of individuals and corporations who are members of the Hong Kong Chinese Enterprises Association and allowed to vote at general meetings. The association was established in 1991 and its membership includes companies which are registered in Hong Kong, solely-funded or joint ventures with their original capital from Mainland China. The corporate voters continue to dominate with 220, 99.5% of
4720-549: The 1998, 2000 and the 2002 by-election. The voter turnout in the 1998 and 2000 elections were 81.56% and 70.29% respectively. In the 2002 by-election there were only two candidates running for one seat with 24.39% turnout rate. The Financial Service Subsector has a corresponding Financial Services functional constituency . From 1998 to 2004 the Subsector included both individuals and corporations who are exchange participants of an exchange company or corporate members entitled to vote at
4838-979: The 2005 by-election. 15 seats of the Chinese Medicine sub-sector are nominated from among the Hong Kong members of the Council of the World Federation of Chinese Medicine Societies. The Education Subsector corresponds with the Education functional constituency . It is formed by a merger with the formerHigher Education Subsector. It has the largest electorate of all subsectors and includes full-time academic staff who are teachers or administrators in publicly funded universities, approved secondary colleges, technical colleges and certain tertiary institutions, members of academic councils, registered teachers, principals, and managers of schools, as well as teachers in institutions such as industrial training centres, technical institutes, and
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4956-513: The 2005 by-election. 15 seats of the Engineering sub-sector are ex officio seats filled by responsible persons of statutory bodies, advisory bodies and relevant association: The Medical and Health Services Subsector is formed in the 2021 Hong Kong electoral changes upon the merger of the Medical Subsector and Health Services subsector. High Court of Hong Kong The High Court of
5074-672: The 2005 by-election. The turnout rate remained low with an average of 20.03% for 1998, 2000, and 2006 elections and 12.14% in the 2005 by-election. 15 seats of the Accountancy sub-sector are nominated from among the Hong Kong Accounting Advisors appointed by the Ministry of Finance of the People's Republic of China . The Architectural, Surveying, Planning and Landscape Subsector, formerly called Architectural, Surveying and Planning, has
5192-607: The 90 members of the Legislative Council . Established by Annex I of the Basic Law of Hong Kong which states that "the Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government (State Council)." It is formed and performs its selection function once every five years, even in the event of a CE not completing their term. The membership of
5310-543: The 94% of the electorate as the number of the individuals and corporates both registered as voters has grown significantly. The Catering Subsector had contested in 1998 and 2000 with the low turnout rate of 11% in both years. The Commercial (First) Subsector has a corresponding functional constituency Commercial (First) and consists of corporate members of the Hong Kong General Chamber of Commerce who are allowed to vote at general meetings. The corporate voters in
5428-790: The BLDC as "subversives". Lee and Szeto had voiced support for student activists in Beijing and had led the Hong Kong Alliance in Support of Patriotic Democratic Movements in China , an organisation instrumental in assisting political dissidents leave China after the military crackdown on 4 June. The basic principles of Hong Kong's governance under Chinese sovereignty mirror those in the Sino-British Joint Declaration, and most of them are set out in
5546-686: The BLDC, the BLCC was also dominated by business and professional elites. The first draft was published in April 1988 followed by a five-month public consultation. The second draft was published in February 1989, and the subsequent consultation period ended in October 1989. The Basic Law was promulgated on 4 April 1990 by the National People's Congress, together with the designs for the Regional Flag and Regional Emblem of
5664-407: The BLDC, which consisted of 36 members from China and 23 members from Hong Kong, chaired by Chinese diplomat Ji Pengfei . Twelve of the 23 members from Hong Kong were connected to the city's business and industrial sectors. A Basic Law Consultative Committee (BLCC) consisting of Hong Kong community leaders was also established in 1985 to collect views in Hong Kong on the draft law. Similar to
5782-451: The Basic Law and subject to any amendment by the legislature. Article 12 declares that Hong Kong enjoys a high degree of autonomy and comes directly under the Central People's Government. Private ownership of property is also a right protected in Hong Kong. Although the Basic Law was drafted to give effect to "One Country, Two Systems", on 10 June 2014, Beijing released a policy report asserting its authority over Hong Kong that started
5900-503: The Basic Law and the one country, two systems principle. The widespread suspicion that they were under detention in mainland China was later confirmed with apparently scripted video "confessions" and assurances by the men that they were remaining in China of their own accord. In June 2016, one of the five, Lam Wing-kee , revealed in a dramatic press conference that he and the others had been held without due process and that Lee Po had indeed been illegally abducted from Hong Kong, all by
6018-612: The Basic Law are described in Article 158 and case law. According to Article 158(1), the NPCSC has the power of final interpretation. This is consistent with the NPCSC's general power to interpret Chinese national laws as provided by Article 67(4) of the Constitution of the People's Republic of China . As a national law, the Basic Law was drafted in Chinese, and its Chinese version takes precedence over
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#17328332744406136-428: The Basic Law is a flexible constitution and as such can be interpreted for the needs of economic integration; the arrangement of having mainland Chinese laws in Hong Kong for the purposes of customs, immigration and quarantine does not contravene the "one country, two systems" principle. Article 23 requires Hong Kong to enact local national security laws that prohibit treason, secession, sedition, subversion against
6254-421: The Basic Law. Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong when the Basic Law came into effect were allowed to remain in force. Article 45 stipulates that the Chief Executive shall be selected by election or through local consultations and be appointed by the Central People's Government, with the ultimate aim of selection by universal suffrage upon nomination by
6372-487: The Caritas Lok Mo Integrated Vocational Training Centre of Caritas. The former Education Subsector held contested elections in 1998, 2000, and 2006. There has been a high level of candidates with an average of 35 candidates for 20 seats. The voter turnout rate remained low with an average of 20.03% in the three elections. In 2006 there were 78,840 registered individual electors. The former Higher Education subsector consisted of 6,856 registered individual electorates in 2006 and
6490-435: The Central People's Government replaced in 2000 the Hong Kong branch of Xinhua News Agency , which served as the de facto diplomatic mission of China to Hong Kong since 1947. The Hong Kong Garrison of the People's Liberation Army began operating after the handover. The Office for Safeguarding National Security was established in June 2020 under the Hong Kong National Security Law. Article 22 states that "no department of
6608-425: The Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law". In April 2020, the provision sparked a debate after the Liaison Office and the Hong Kong and Macao Affairs Office criticised pro-democratic legislators for delaying
6726-544: The Central People's Government. The system of Election Committee established in the Basic Law to provide an indirect election for the Chief Executive by a 'broadly representative' Election Committee." Besides the first Chief Executive was elected by the 400-member Selection Committee , all Chief Executives since then have been elected by the Election Committee. The New York Times wrote that sectors that were politically closer to Beijing, such as traditional Chinese medicine, were over-represented in proportion to their share of
6844-409: The Central People’s Government". On the website of the State Council of China, a.k.a. the Central People's Government, the Hong Kong and Macao Affairs Office (国务院港澳事务办公室) and Xinhua News Agency (新华通讯社), whose Hong Kong branch was predecessor to the Liaison Office, are listed among institutions separate from the constituent departments of the State Council (国务院组成部门). Zhang Xiaoming has also said
6962-429: The Competition Tribunal (currently Mr Justice Harris and Madam Justice Au-Yeung respectively) are appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. The President of the Lands Tribunal must be a High Court Judge (currently Madam Justice Lisa Wong) and is appointed by the Chief Executive . High Court judges also serve a number of other public service roles. It
7080-425: The Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt and Mr Justice Lunn , who are Justices of Appeal); two retired Hong Kong High Court Judges sit as Judicial Commissioners of the High Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson). Another retired Hong Kong Judge, Edward Woolley, who previously sat as
7198-477: The Court of Appeal), Mr Justice Hartmann (former Justice of Appeal), Kenneth Kwok SC (former Recorder of the Court of First Instance) and Judge Tallentire (former Deputy High Court Judge) are Chairmen of the MMT and SFAT. The Chief Executive may appoint a High Court judge to lead a public inquiry. For example, Mr Justice Andrew Chan was appointed in 2015 as Chairman of the Inquiry into incidents of excess lead found in drinking water , and Mr Justice Lunn, JA
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#17328332744407316-497: The Court of First Instance of the High Court (as at 1 August 2024) are (ranked according to the priority of their respective appointments): The Chief Justice appoints on a temporary basis a number of serving full-time District Court Judges, retired High Court Judges and practitioners in private practice (in general, barristers who are Senior Counsel or solicitors who are senior partners with litigation experience) to sit as part-time Deputy High Court Judges. Before 1983,
7434-427: The Election Committee was expanded to 1,500 under the massive overhaul of the electoral system in 2021. The Election Committee has been criticised for its "small-circle" electoral basis and its composition favouring pro-Beijing and business interests. The Sino-British Joint Declaration of 1984 provides that the Chief Executive "shall be selected by elections or through consultations held locally and be appointed by
7552-470: The Employers' Federation of Hong Kong and entitled to vote at general meetings. There were 112 bodies registered as electors in 2000. They had a contested election in 1998 and was uncontested in 2000. The Finance Subsector is corresponding to the Finance functional constituency and consists of corporate bodies that are banks and deposit-taking companies. In 2006 there were 136 corporate bodies registered as electors. Finance Subsector had contested elections in
7670-437: The Government to maintain judicial independence and impartiality. Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as a barrister or solicitor in Hong Kong. The remuneration of High Court Judges is determined by the Chief Executive on the recommendation of the independent Standing Committee on Judicial Salaries and Conditions of Service. As of 1 April 2017,
7788-504: The Government, and the total number of schools managed by the school sponsoring bodies are among the top five of all school sponsoring bodies: The Engineering Subsector corresponds with the Engineering functional constituency and consists of individuals who are professional engineers and members of the Hong Kong Institution of Engineers who are entitled to vote at general meetings. In 2006 there were 7,742 registered individual electors. There were contested elections in 1998, 2000, 2006, and
7906-435: The HKSAR. On 4 June 1989, the BLDC's only two members representing the nascent pro-democracy camp , Martin Lee and Szeto Wah , declared that they would suspend their participation after the military crackdown of the Tiananmen Square protests of 1989 . In September 1989, Lee announced that he would return to the BLDC after being urged to do so by many in Hong Kong. However, in October, Beijing expelled Lee and Szeto from
8024-419: The High Court Judges of the Court of First Instance of the High Court A Justice of Appeal may sit as an additional Judge of the Court of First Instance. A Judge of the Court of First Instance may also hear cases in the Court of Appeal, including as a single Judge (for example, when determining applications for leave to appeal in criminal cases). Cases in the Court of First Instance are usually heard by
8142-429: The High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. Hong Kong Basic Law High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The Basic Law of
8260-422: The High Court may be referred to in writing by adding the post-nominal 'CJHC'. Vice Presidents of the Court of Appeal may be referred to in writing by adding the post-nominal 'VP'. Justices of Appeal may be referred to in writing by adding the post-nominal "JA". In 1995, Mrs Justice Doreen Le Pichon was the first woman to be appointed as a High Court judge. She subsequently became the first woman to be appointed as
8378-410: The Hong Kong Special Administrative Region 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. It is a superior court of record of unlimited civil and criminal jurisdiction . It was named the Supreme Court before 1997 . Though previously named
8496-590: The Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration . The Basic Law was enacted under the Constitution of China when it
8614-821: The Hotel Subsector. It consists of the corporate members of the former Hong Kong Tourist Association , the Travel Industry Council of Hong Kong , and the Board of the Airline Representatives in Hong Kong who are entitled to vote at general meetings. In 2006 there were 887 corporations registered as electors. The Tourism Subsector had contested election in 1998, 2000 and 2006 with voter turnout rates of 63.86%, 50%, and 64.13%. In 2006 it had one of them most highly contested subsector elections with 29 candidates running for 12 seats. The Transport Subsector corresponds to
8732-539: The NPCSC on 6 April 2005. The NPCSC ruled on 27 April 2005 that the Annex I of the Basic Law requires that if any Chief Executive should resign on or before 2007, the new Chief Executive should serve out the remainder of his predecessor's term. Hong Kong residents who favour autonomy view the "interpretation" from the Standing Committee as an intrusion into the Hong Kong legal system by the central government in violation of
8850-633: The Office of the National Security Commissioner is not subject to the restrictions in Article 22. Except the Basic Law and the Constitution, national laws are not enforced in Hong Kong unless they are listed in Annex III and applied by local promulgation or legislation. When national laws are enacted locally by the Legislative Council , the local version adapts to the context of Hong Kong for
8968-426: The People's Liberation Army and crimes involving national security. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 2019–20 Hong Kong protests . The law was added to Annex III and promulgated without being passed in the Legislative Council. National laws can be applied if they only affect an area in Hong Kong. In 2018,
9086-663: The Subsector had dropped from in 1,293 in 1998 to 990 in 2006. The Subsector had contested in the 1998 and 2000 elections and the voter turnout rate were 45.34% and 30.91% respectively. The Commercial (Second) Subsector has a corresponding functional constituency Commercial (Second) and consists of individual and corporate members of the Chinese General Chamber of Commerce who are allowed to vote at general meetings. The electorate remained unchanged from 1998 to 2009 and electorates are equally divided between corporates and individuals. The Commercial (Second) Subsector did not have
9204-404: The Subsector's electorate has changed very little since 1998 as there were 192 registered companies and 140 registered in 2006. There were contested elections in 1998, 2000 and 2006 with turnout rates of 87.56%, 76.16% and 65.71%. The Real Estate and Construction Subsector corresponds with the functional constituency Real Estate and Construction and consists of individual and corporate members of
9322-511: The Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication. A person who has practised for at least 10 years as a barrister , advocate , solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a High Court Judge or Recorder . A person who has practised for at least 5 years as
9440-467: The central government, theft of state secrets and foreign organisations from conducting political activities in Hong Kong. In 2003, the Hong Kong government tabled the National Security (Legislative Provisions) Bill 2003 , which triggered widespread protest . The proposed legislation gave more power to the police, such as not requiring a search warrant to search the home of a suspected terrorist. After
9558-402: The council and every candidate that would run for the council would need nominations from the five sub sectors in the Election Committee. The key changes to the formation of the Election Committee are detailed in Annex I of the Basic Law , amended on 30 March 2021 by the Standing Committee of the National People's Congress as follows: The Election Committee has five sectors, each composed of
9676-495: The course of adjudication and by the Standing Committee of the National People's Congress (NPCSC). As of 7 November 2016, the NPCSC has interpreted the Basic Law on five occasions: Of the five interpretations to date, only one interpretation was sought by the Hong Kong Court of Final Appeal (CFA). The interpretation was requested in the 2011 case of Democratic Republic of Congo v FG Hemisphere Associates LLC and it concerned
9794-565: The demonstrations and the withdrawal by the Liberal Party of their support for the bill, the government shelved the bill indefinitely. The rights of Hong Kong residents are guaranteed by chapter 3 of the Basic Law. Article 39 also applies provisions of the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and international labour conventions that
9912-620: The election of the chairperson of the Legislative Council House Committee. Pro-democratic legislators said the offices violated Article 22 by commenting on the election of a chairperson in the local legislature. In response, the Liaison Office said both itself and the Hong Kong and Macao Affairs Office are not subject to Article 22 because they were authorised by central authorities to specialize in handling Hong Kong affairs and not what are commonly meant by "departments under
10030-671: The electorate in 1996 were corporations, 310, 97.1% in 2006. The Hong Kong Chinese Enterprises Association Subsector never had a contested election. The Hotel Subsector when taken together with the Tourism Subsector corresponds with the Tourism functional constituency . The Hotel Subsector is formed from corporations who are members of the Hong Kong Hotels Association or the Federation of Hong Kong Hotel Owners eligible to vote at
10148-544: The electorate until 2000. In 2006 there were 5,584 registered individuals. The Architectural, Surveying and Planning Subsector had contested elections in 1998, 2000, 2006, and the 2005 by-election. There were 28 and 40 candidates between 2000 and 2006 elections. 15 seats of the Architectural, Surveying, Planning and Landscape sub-sector are ex officio seats filled by responsible persons of statutory bodies, advisory bodies and relevant association: The Chinese Medicine Subsector
10266-432: The first chapter of the Basic Law. The NPCSC has identified Articles 1 and 12 as the fundamental provisions of the Basic Law. Article 1 declares Hong Kong as a part of the People's Republic of China, but it maintains legal and political systems distinct from those in mainland China until 2047. Hong Kong has a high degree of autonomy and maintains its own executive, legislative and judicial branches. Judicial power includes
10384-667: The following subsectors: The Catering Subsector is corresponding to the Catering functional constituency and contains both corporate and individual members who hold food licences and/or members of the Association such as the Association for the Hong Kong Catering Services Management, the Hong Kong Catering Industry Association and the Association of Restaurant Managers. Individual voters take
10502-463: The general meetings at the Chinese Gold & Silver Exchange Society. 116 individuals and bodies were the registered electorates before 2004 and beginning in 2006 the Subsector came to consist of Stock Exchange Hong Kong, Hong Kong Futures Exchange , and members of the Chinese Gold & Silver Exchange Society which are only corporate members. The Subsector has remained a highly contested subsector in
10620-516: The general meetings. There were 81 registered bodies in 1998 and 95 in 2006. The Subsector had elections in 1998 and 2006 with high turnout of 85% and 81.05% respectively. The 1998 election was competitive with 18 candidates running for 11 seats, and 15 candidates running for 11 seats in 2006. The Import and Export Subsector corresponds with the Import and Export functional constituency and currently consists of corporations and individuals who are members of
10738-492: The jurisdiction of Hong Kong courts over acts of state, among other matters. The Government of Hong Kong sought two NPCSC interpretations on Basic Law provisions regarding the right of abode and the term of office of a new Chief Executive after his predecessor has resigned before the end of his term, in 1999 and 2005 respectively. The NPCSC had also interpreted the Basic Law twice on its own initiative, without being requested by any branch of government in Hong Kong. The first of
10856-415: The legislature 46 votes to 13. Ten pan-democrats , including eight Democratic Party legislators, supported the proposals. In March 2021 the National People's Congress of China passed a new law that would change the electoral system in Hong Kong. The size of the Election Committee will grow from 1,200 to 1,500 members. The new members of the Election Committee will include 'patriotic groups', members of
10974-500: The life of any resident shall be prohibited. In late 2015, five staff members of a bookshop selling books and magazines banned in mainland China disappeared (see Causeway Bay Books disappearances ). At least two of them disappeared while in mainland China , one while in Thailand . One member was last seen in Hong Kong, eventually reappearing in Shenzhen , across the Chinese border, without
11092-485: The national law to have full effect. The NPCSC has the power to amend legislation included in Annex III after consulting its Basic Law committee and the Hong Kong government. Laws in Annex III must be those related to foreign affairs, national defence or matters not within Hong Kong's autonomy. As of June 2020, Annex III includes laws on the designation of capital , national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, garrisoning of
11210-512: The necessary travel documents. While reaction to the October disappearances was muted, as unexplained disappearances and lengthy extrajudicial detentions are known to occur in mainland China, the unprecedented disappearance of a person from Hong Kong, and the bizarre events surrounding it, shocked the city and crystallised international concern over the possible abduction of Hong Kong citizens by Chinese public security bureau officials and their likely rendition , in violation of several articles of
11328-464: The official English version when discrepancies arise. Before interpreting the Basic Law, the NPCSC must consult its subcommittee, the Committee for the Basic Law of the Hong Kong Special Administrative Region. Hong Kong courts may also interpret the Basic Law when adjudicating cases, when the provisions addressed are within Hong Kong's autonomy. Hong Kong courts can also interpret provisions on matters
11446-439: The plural as '[surname] and [surname] JJA'). Full-time Judges of the Court of First Instance are referred to as '[surname] J' (or in the plural as '[surname] and [surname] JJ'). Recorders are referred to as 'Mr/Madam/Mrs Recorder [surname]' (with the post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges are referred to either as 'Deputy Judge [surname]', 'Deputy High Court Judge [surname]' or 'DHCJ [surname]' (with
11564-439: The population, when compared to sectors deemed hostile, such as social workers or lawyers. Since the electors must serve for no more than five years, a new election must occur, and the Chief Executive resignation would cause an interesting matter of timing, as to whether the old or new college of electors would select the new Chief Executive. From 1998 to 2012, the 800 members of the Election Committee comprised 664 nominated from
11682-446: The position of Deputy High Court Judge was known as Commissioner . A Deputy High Court Judge may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance. Judicial review cases are not listed before part-time Judges. In order to ensure judicial independence and impartiality, part-time Judges are not permitted to participate actively in political activities (although membership of
11800-438: The post-nominal 'SC' if they are Senior Counsel ). Deputy High Court Judges were previously called Commissioners and were referred to as 'Mr/Madam/Mrs Commissioner [surname]' (with the post-nominal 'Q.C.' if they were Queen's Counsel ) in judgments before 1983. The High Court Building is located at 38 Queensway , Admiralty . The 20-storey building was built in 1985 as the home of the then Supreme Court of Hong Kong , which
11918-576: The power of final adjudication, which replaces the colonial judicial recourse of appealing to the Judicial Committee of the Privy Council in the United Kingdom with appeals to the Court of Final Appeal . The Hong Kong national security law incorporated into Annex III of the Basic Law overrides incompatible local ordinances and allows mainland Chinese courts to preside over cases that involve certain national security crimes. Article 5 requires that
12036-449: The power to review acts of the executive or legislature and declare them invalid if they are inconsistent with the Basic Law. The Chief Executive of Hong Kong can be selected by election or through consultations held locally and be appointed by the Central People's Government. The term of the chief executive after their predecessor resigns was a question that emerged after Tung Chee-hwa resigned on 10 March 2005. The legal community and
12154-504: The principle of keeping the expenditure within the limits of revenues in drawing up its budget. Whether pay-cuts for civil servants and having a deficit budget are allowed under the Basic Law had been raised. During the economic downturn after 1997, there was a growing fiscal deficit (and, in 2007/08 a record surplus). The government imposed a pay-cut on the Civil Service during the economic downturn, and then sharply increased salaries during
12272-423: The pro-democracy camp said the term of the new chief executive should be five years, according to Article 46 . However, the Hong Kong government, some Beijing figures and the pro-Beijing camp said that it should be the remaining term of the original Chief Executive, by a technicality in the Chinese version of the Basic Law, introducing the remaining term concept. The Hong Kong government sought an interpretation from
12390-626: The recovery. The Basic Law provides the Hong Kong government limited power to engage in international affairs. Under the name "Hong Kong, China", the Hong Kong government can enter into bilateral agreements with non-Chinese regions and international organisations related to certain fields, including commerce, trade, communications, culture, tourism and sports. As members of a Chinese delegation, government representatives can also engage in diplomatic negotiations and participate in international organisations and conferences that directly affect Hong Kong. The Basic Law can be interpreted by Hong Kong courts in
12508-431: The right and freedom to form and join trade unions, and to strike . The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident can be arbitrarily or unlawfully arrested, detained or imprisoned. Arbitrary or unlawful search of the body of any resident, deprivation or restriction of the freedom of the person are also prohibited. Torture of any resident and arbitrary or unlawful deprivation of
12626-460: The sectors of the economy, 40 from the religious organisations, and 96 ex officio members taken from the government. The number of members of the Election Committee increased from 800 to 1,200 after the breakthrough on the electoral reform in 2010 for the 2012 Chief Executive election . After a nine-hour debate on the consultation document, the resolution which increased the size of the Election Committee won endorsement at 2:20 p.m. on 24 June by
12744-504: The socialist governance and economic system then practised in mainland China would not be extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. The Basic Law also sets out the sources of law , the relationship between Hong Kong and the Central Government (State Council), the fundamental rights and duties of Hong Kong residents and the branches of local government. Shortly after
12862-472: The socialist system and policies to not be practised in Hong Kong and the capitalist system and way of life before the handover remain for 50 years after the handover, or 2047. The common law , rules of equity , ordinances, subsidiary legislation and customary law that govern certain land rights in the New Territories that were in force before the handover are maintained, except for any that contravene
12980-513: The spirit of the One Country, Two Systems policy, compromising the rule of law. The Basic Law also guarantees the welfare and benefits of civil servants. According to the Article 100 of the Basic Law, the civil servants may remain in employment with pay, allowances, benefits and conditions of service no less favourable than before the handover. Article 107 stated the SAR Government should follow
13098-494: The trial be held in the mainland. Prominent authorities, such as Albert Chen , a professor, and Gladys Li , chairman of justice of the Hong Kong section of the International Commission of Jurists , feel that this situation has serious ramifications for judicial independence in Hong Kong. Permanent residents of the Hong Kong Special Administrative Region have the right to vote and stand for election in accordance with
13216-544: The two occurred in 2004, and concerned the amendment of the chief executive and the Legislative Council election methods for 2007 and 2008 respectively. The second was issued in November 2016 on the substantive requirements of lawful oaths and affirmations as stipulated in Article 104 of the Basic Law. As interpretations by the NPCSC are not retroactive, an interpretation on the Basic Law does not affect cases that have already been adjudicated. The basic principles for interpreting
13334-589: Was adopted by the National People's Congress on 4 April 1990 and came into effect on 1 July 1997 after the handover of Hong Kong . It replaced Hong Kong's colonial constitution of the Letters Patent and the Royal Instructions . Drafted on the basis of the Joint Declaration, the Basic Law lays out the basic policies of China on Hong Kong, including the " one country, two systems " principle, such that
13452-654: Was appointed in 2012 as Chairman of the Inquiry into the collision of vessels near Lamma Island . 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. As of 2019, three retired Hong Kong High Court Judges sit as Judges of
13570-456: Was determined on 26 April 2004, when the NPCSC ruled out the possibility as it deemed Hong Kong not mature enough for such elections. In 2014, the 31 August Decision by the NPCSC stated that starting from 2017, the selection of the Chief Executive may be implemented by universal suffrage upon nomination of candidates by a broadly representative committee and subject to appointment by the Central People's Government. It went on to state that such
13688-719: Was in force in Hong Kong before the handover. While the most parts of the ICCPR is ratified as the Hong Kong Bill of Rights Ordinance in largely identical language, no equivalent legislation was made to implement the ICESCR. Hong Kong residents are equal before the law. Hong Kong residents have, among other things, freedom of speech , freedom of the press and of publication; freedom of association , freedom of assembly , freedom of procession, of demonstration, of communication, of movement, of conscience, of religious belief, and of marriage; and
13806-496: Was renamed in 1997. It was named the Supreme Court Building, and the road leading to its main entrance is still named Supreme Court Road . The High Court Building was designed by Architect K. M. Tseng. The structure is a white clad tower and has a water fountain outside its front door. Sometimes, the High Court may sit in another venue. For example, a serving District Judge sitting as a Deputy High Court Judge may hear
13924-425: Was significant increase in registered corporations from 2,690 in 1998 to 4.623 in 2000 and have a large proportion of the electorate. In 2006 there were 3,690 registered corporation (97.6% of the electorate) and 89 registered individuals (2.4% of the electorate). The Subsector held contested elections in 1998, 2006 and the 2005 by-election. The Tourism Subsector corresponds to the Tourism functional constituency with
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