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Lands Department (Hong Kong)

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39-641: 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 Lands Department is a government department under the Development Bureau responsible for all land matters in Hong Kong . Established in 1982, it comprises three functional offices:

78-679: 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 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

117-704: 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,

156-428: 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 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

195-526: A housing allowance at HK$ 163,525 per month. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at 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

234-453: 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

273-713: Is a superior court of record of unlimited civil and criminal jurisdiction . It was named the Supreme Court before 1997 . Though previously named 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

312-614: 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 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

351-552: 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, 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,

390-455: Is eligible to be appointed as a High Court Judge or Recorder . A person who has practised for at least 5 years as 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

429-603: Is responsible for ensuring the 'efficient utilisation of judicial resources and court time, for advising the Chief Justice on matters of policy concerning the operation and development of the High Court'. From a judicial stand point, the role of the Chief Judge is equivalent to a Justice of Appeal (but with a seniority ahead of both a Justice of Appeal or a Vice-President), and comes with significant additional administrative responsibilities. This may lead to justices turning down

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468-523: Is responsible for the administration of the High Court and is accountable to the Chief Justice , who is head of 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

507-539: 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 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

546-581: 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 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

585-529: 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 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

624-570: The Master of the Rolls in the courts system of England and Wales . Jeremy Poon is the 5th and current Chief Judge of the High Court of Hong Kong, having taken up the post in December 2019. The Chief Judge heads the High Court of Hong Kong, which deals with criminal and civil cases that have risen beyond the lower courts. While the High Court consists of the Court of Appeal and the Court of First Instance ,

663-514: The Chief Judge himself generally only presides over appellate cases in the Court of Appeal, usually together with two other Justices of Appeal. The Chief Judge sits alone in the Court of First Instance to hear contested applications for the ad hoc admission of overseas counsel to the Hong Kong Bar. In accordance with the Basic Law, the Chief Judge is appointed by the Chief Executive based on

702-474: 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 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

741-408: 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 is a statutory requirement that the Chief Executive appoint at least 2 serving or retired High Court Judges as members of

780-501: The High Court further delayed the trial until September 2023, until after the NPCSC ruled in the matter. Chief Judge of the High Court of Hong Kong 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 Chief Judge of

819-444: 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 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

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858-399: The High Court of Hong Kong ( CJHC ) is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong . In the Hong Kong order of precedence , the Chief Judge is the second most senior administrative judge for the courts system, second only to the Chief Justice of the Court of Final Appeal of Hong Kong . The position of Chief Judge is the broad equivalent of

897-603: 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 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

936-677: The Lands Administration Office, the Survey and Mapping Office and the Legal Advisory and Conveyancing Office. High Court of Hong Kong The High Court of 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

975-599: 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 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

1014-691: 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 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

1053-465: 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 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

1092-428: The appointment; for example, after Andrew Cheung's promotion to the Court of Final Appeal, it was reported that the Chief Justice originally asked Johnson Lam to be Chief Judge. However, citing the increase in administrative responsibilities, he turned down this role, which ultimately went to Jeremy Poon. Geoffrey Ma , when he was Chief Judge, stated that he spent "less than 50% of his time in court" as most of his time

1131-403: The experience of balancing hearing appeals and administrative responsibilities, they are often seen as prime candidates for elevation to the role of Chief Justice . During a period of absence, an Acting Chief Judge of the High Court is appointed 'until the vacancy therein is filled'. In general, a Vice-President of the Court of Appeal is appointed as Acting Chief Judge of the High Court, while

1170-439: 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

1209-446: 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

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1248-423: 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 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

1287-438: 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

1326-522: 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 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

1365-628: The recommendation of the Judicial Officers Recommendation Commission (JORC), and made official after receiving approval from the Legislative Council . The Chief Judge, along with the Chief Justice, is one of two positions in the Hong Kong Judiciary that has a nationality requirement (no dual nationality allowed). The Chief Judge is the Court Leader of the High Court and the President of the Court of Appeal, and

1404-468: The recommendation of the independent Judicial Officers Recommendation Commission (JORC). Part-time Deputy Judges are appointed on 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

1443-403: Was consumed over administrative issues. Former Hong Kong Bar Association chairman Ronny Tong SC also said of the post: "The job of the chief judge is mainly administrative and not much relating to giving judgments. So whether the candidate is conservative or not does not matter." The Chief Judge has the power to admit barristers and solicitors and for implementing Civil Justice Reform. Given

1482-663: 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 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,

1521-496: 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

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