The court of last resort is the court of final appeal. Typically, when hearing an appeal, the court of final appeal is composed of a bench of five, comprising the chief justice or other presiding judge, three permanent hong kong judges and one nonpermanent judge from hong kong or another commonlaw jurisdiction. In its caseload of 45 rights cases, the court heard a diverse range of rights issues and upheld the majority of the rights arguments. Court of final appeal urged to consider uk wrong turning judgement. Jun 14, 2017 hong kong s top court on wednesday upheld a corruption conviction against a billionaire property tycoon, putting an end to one of the most highprofile corruption cases in the history of the asian. It was originally the home of the supreme court from 1912 to 1983, and then was briefly taken over by the legislative council 1985 to 2011 before the court of final appeal moved in in 2015. Judiciary of the hong kong sar includes court of final appeal with full text of judgments and determinations high court lands tribunal district court magistracy labour tribunal small claims tribunal obscene articles tribunal and coroners court chinese and english lands tribunal of hong kong judgments 1946. Court of appeal of tanzania decisions 2003saflii court of appeal of the cook islands decisions 1993paclii court of appeal of tonga decisions 1990paclii court of appeal of vanuatu decisions 1982paclii court of appeals of the philippines decisions 2004asianlii court of final appeal of hong kong decisions 1997hklii. Surrounded by hong kongs financial institutions, the court of final appeal still manages to look dignified thanks to its neoclassical structure, ionic columns and the blindfolded statue of the greek goddess of justice, themis. Yash ghai and simon young have succeeded in bringing out an excellent book, an indispensable guide to the working of the judiciary in hong kongs new. Please set the page orientation to landscape for printing of bilingual texts on a single page.
Hkcfar hong kong court of final appeal reports publication. This book is primarily about how a former british colony, now a part of china, established its own final court to replace the privy council, and how that court under a new constitutional order developed the law in hong kong in its first thirteen years, under the leadership of its first chief justice, andrew li. How is hong kong court of final appeal reports publication abbreviated. Court of appeal of tonga decisions 1990paclii court of appeal of vanuatu decisions 1982paclii court of appeals of the philippines decisions 2004asianlii court of final appeal of hong kong decisions 1997hklii high court of australia decisions 1903austlii malaysian court of appeal 2002commonlii high court of tuvalu decisions. On the first of july in the year 1997, hong kongs sovereignty was transferred from the united kingdom to china. Founder of hong kong government education, gillian bickley, verner bickley, christopher coghlan, timothy hamlett, geoffrey roper, garry tallentire, sir t. Hong kongs top court upholds property tycoons graft. Title a new era in hong kongs constitutional history authors chen, ahy citation hong kong law journal, 2008, v. Court of first instance dismissed application by hong kong. Feb 06, 2018 judgment by the hong kong court of final appeal feb. A magistrates court in nineteenth century hong kong. Our very own court of final appeal will be established in hong kong on july 1, 1997, to replace the privy council in london as the ultimate arbiter of disputes within the special administrative. To print the whole chapter in html, please click at the bottom of the toc panel and then click. The registrar carries out his judicial and administrative duties set out in the hong kong court of final appeal ordinance, its subsidiary rules and practice directions.
Application for leave to appeal to the cfa in criminal cases shall be made within 28 days from the date of the decision of the ca or the cfi, as the case may be. Key takeaway the process of conducting a civil trial has many aspects, starting with pleadings and continuing with motions, discovery, more motions, pretrial conferences, and finally the trial itself. Hong kongs top court upholds property tycoons graft conviction. Two histories history and chinese history in the hong kong school curriculum. Hong kongs top court on wednesday upheld a corruption conviction against a billionaire property tycoon, putting an end to one of the most highprofile. Under the leadership of chief justice andrew li, it has also remained independent under chinese sovereignty and become a. The court of final appeal in hong kong is being urged to consider a landmark joint ruling by the united kingdoms supreme court and the privy council which paves the way for murderers to launch appeals against their conviction. Surrounded by hong kongs financial institutions, the court of final appeal still manages to look dignified thanks to its neoclassical structure, ionic columns and the. The rule of law in hong kong in the runup to 1997 and. Your report from hong kong on 23 june patten shrugs off motion of no confidence repeats the mistake perpetuated in your previous article of 10 june london.
Hong kongs court of final appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Title a new era in hong kongs constitutional history author. This article analyzes the first ten years of constitutional rights cases in hong kongs court of final appeal from 1999 to 2009. A magistrates court in nineteenth century hong kong court in time. Hong kong court of final appeal fees amendment rules 2009. The politics of the debate over the court of final appeal. A guide to litigation and arbitration in hong kong august.
A notice of motion for leave to appeal under section 24, 27d or 33. A magistrates court in nineteenth century hong kong court. China resumed sovereignty of hong kong in 1997 with the undertaking that there. Professor cheng also sparked controversy in hong kong in 2012 after she said that hong kongs court of final appeal should be made up only of chinese nationals in.
It was established on 1 july 1997, upon the establishment of the hong kong special administrative region, replacing the judicial committee of the privy council as the highest judicial institution under hong kong law. On appeal, britly contends that because there is no contractual or legal obligation for ebws to purchase milk or pay its employees, these are not foreseeable damages. School history curricula in colonial contexts have tended to be portrayed as contributing to a devaluation of indigenous culture, through an emphasis on the history. Constitutional rights in hong kongs court of final appeal by. In january 1999, hong kongs court of final appeal ruled that the basic law also granted automatic hong kong residency to any mainland chinese with one hong kong parent, even if that parent gained residency after the child was born. If the final judgment is an injunction, failure to follow its dictates can lead to a contempt citation, with a fine or jail time imposed. He then became a nonpermanent judge of the hong kong court of final appeal, a position which he still holds.
Macaus court of final appeal jorge godinho and paulo cardinal24. Kong game theory for leave to appeal to the court of final appeal 18 aug 2017 the court of first instance has dismissed the certification application by hong kong game theory association limited hong kong game theory and its sole director mr sze ching lok for the purpose of filing appeals to the court of final appeal against their earlier. Previously, sections 221a and b of the hkcfao provided for rights of appeal to the court of final appeal the cfa in civil cases. His work is wideranging covering all procedural steps that need to be taken in the appeal process prior to the formal hearing before the court, the appeal committee or a single. Booth introduction when china resumed sovereignty over hong kong on july 1, 1997, hong kongs economy was strong, the stock and property markets were high, and the general consensus was that the economy would continue to prosper.
These include legal textbooks, case law reports, statutes, legislation. Historical laws of hong kong online university of hong kong libraries, digital initiatives. Ac 6, lord hoffmann now one of the nonpermanent judges of hong kongs court of final appeal said at paragraph 89. The landmark case of a solicitor v the law society of hong kong facv no 24 of 2007 has reaffirmed the order of precedence in which decisions shall be binding on the hong kong courts. Revisiting judgment translation in hong kong 65 and the gu arante e of the lan guage rig ht of the pa rties co ncerne d is the guar antee of equal a ccess to, and equa lity bef ore, the c ourt. It can also hear other appeals if leave is given, if the matter is of great general or public importance, or otherwise ought to. Statement of the hong kong bar association on the rule of law. Court of appeal archives hong kong free press hkfp.
Abolition of civil appeals as of right to the hong kong. Title a new era in hong kongs constitutional history. Nielsen book data summary in the years since it was established on 1 july 1997, hong kongs court of final appeal has developed a distinctive body of new law. The hong kong court of final appeal ordinance provides that an. Assistant professor, faculty of law, university hong kong.
My lords, civil disobedience on conscientious grounds has a long and honourable history in this country. The abolition of as of right appeals hence aligns hong kongs appeal system with the mainstream common law world. The hong kong basic law bibliography is the first fulllength bibliography to take stock of this large body of secondary literature. Oct 08, 2014 ac 6, lord hoffmann now one of the nonpermanent judges of hong kongs court of final appeal said at paragraph 89. In january 1999, hong kong s court of final appeal ruled that the basic law also granted automatic hong kong residency to any mainland chinese with one hong kong parent, even if that parent gained residency after the child was born. Court of final appeal under the provisions in the basic. Raymond wacks is professor of law at the university of hong kong, and was head of the department of law from 1986 to 1993. The judiciary of the hong kong special administrative region is the judicial branch of the. Final appeal in hong kong lo shiu hing before the transfer of hong kong s sovereignty from britain to the peoples republic of china prc on 1 july 1997, the politics of interpreting the basic law had already become apparent. The hong kong bar association the bar joined with the law society of hong kong the law society to call for the usm to be established by legislation. Sir anthony mason reflects on judging in australia and.
See for example the rules of the high court cap 4a, 0 59, r 4. Hkcfar stands for hong kong court of final appeal reports publication. The uks highest court ruled last week that the law. The secondary sources include law books, encyclopaedias, digests. Title a new era in hong kong s constitutional history authors chen, ahy citation hong kong law journal, 2008, v. Nielsen book data summary in the years since it was established on 1 july 1997, hong kong s court of final appeal has developed a distinctive body of new law. Nov 12, 2015 the court of final appeal disagreed and overturned the court of first instance and the court of appeal s reasoning and analysis on how to exercise its discretion to wind up a foreign company on just and equitable grounds. Final appeal in hong kong lo shiu hing before the transfer of hong kongs sovereignty from britain to the peoples republic of china prc on 1 july 1997, the politics of interpreting the basic law had already become apparent. It is worth noting that, under section 221b of the hkcfao, discretionary leave to appeal to the cfa may be granted otherwise than for reasons of great general or public importance. Law scholar warns rise in number of basic law court cases. The politics of the debate over the court of final appeal in. He has published a number of articles and books on legal theory and edited civil liberties in hong kong, the law in hong kong 19691989, the future of the law in hong kong, and human rights in hong kong. Court of final appeal under the provisions in the basic law and the hong kong court of final appeal ordinance cap 484, the judges of the court of final appeal are appointed by the chief executive, in accordance with the recommendations of an independent commission, and those appointments must be endorsed by the legislature. Statement of the hong kong bar association on the rule of.
Hong kong decisions from the court of final appeal, the hong kong court of appeal and the court of first instance, as. Court of final appeal under the provisions in the basic law. This article aims to use the debate over the court of final appeal cofa, which. Over the years, the court of final appeal building has housed many parts of hong kongs government. In the years since it was established on 1 july 1997, hong kong s court of final appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Students guide to legal materials of hong kong 2019 2020. Judgment by the hong kong court of final appeal the new. The court of final appeal of hong kong is the court which has the final adjudication power on all the laws of the city of hong kong. The court will consider authority from other commonlaw. Court of final appeal library and 10,000 volumes in the district court library. Sir anthony was a judge of the high court of australia from 1972 to 1987, and chief justice of the high court of australia from 1987 to 1995. Free and independent, hkfp launched in 2015 amid rising concerns over declining press freedom in. The most significant of these amendments is the repeal of section 221a of the hong kong court of final appeal ordinance cap 484 the hkcfao. Hong kong courts, we have 182 copies of privy council appeal judgments dated before 1997.
For information on the history, operation, and jurisprudence of the court of final appeal, see. The bar outlined a number of concerns arising from the blending of a statutory scheme for cat and an administrative scheme for cruel, inhuman or degrading treatment or punishment. Consequential damages open textbooks for hong kong. The courts of law in hong kong comprise the court of final appeal, the high. A as applied by rule 57 of the hong kong court of final appeal rules cap. Judgment by the hong kong court of final appeal feb.
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