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The High Court of the Hong Kong Special Administrative Region [1] 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.
The Court of Appeal continued operating as part of the renamed High Court of Hong Kong upon the transfer of sovereignty on 1 July 1997, as provided for in Article 81 of the Basic Law. [5] The Privy Council ceased to hear appeals from Hong Kong, and its role as Hong Kong's final appellate court was assumed by the new Court of Final Appeal , to ...
The High Court was established by the High Court Ordinance (Chapter 4, formerly titled the Supreme Court Ordinance), as the "Supreme Court of Hong Kong". It was renamed the "High Court" by Article 81 of the Basic Law of Hong Kong.
In Hong Kong, every criminal case begins at a magistrate's court, regardless of its severity and complexity. But, under the spirit of separation of powers, a magistrate , being part of the judicial branch, has no right to actively start a criminal prosecution and must wait for someone to bring up a complaint before him or her.
A review of the extent to which the courts in Hong Kong could consider the commercial purpose of the parties when interpreting a commercial contract was occasioned by the Hong Kong Court of Final Appeal's consideration of the lower courts' rulings in Sinoearn International Ltd v Hyundai-CCECC Joint Venture (A Firm), with a ruling published in ...
In Kambo Mercedes & Another v Jenny McElney and Others, [5] the courts have power under the Supreme Court Ordinance to make rules governing "practice and procedure". However, the Rules of High Court, which was a subsidiary legislation made under the Supreme Court Ordinance, conferred power on judges to grant monetary award and holiday pay to ...
The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. 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.
Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law [1] after the handover of Hong Kong. The Court of First Instance is the highest court in Hong Kong that can hear cases at first instance with unlimited jurisdiction in both civil and criminal matters.