The Court of First Instance is the lower court of the

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 l ...

, the upper court being the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

. Formerly the High Court of Justice of the

Supreme Court of Hong Kong The Supreme Court of Hong Kong was the highest court in Hong Kong prior to the transfer of sovereignty of Hong Kong from the United Kingdom to the People's Republic of China in 1997 and heard cases of first instance and appeals from the Di ...

, it was renamed the Court of First Instance by the Basic Law after the

transfer of sovereignty over Hong Kong Sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China (PRC) at midnight on 1 July 1997. This event ended 156 years of British rule in the former colony. Hong Kong was established as a special admini ...

from the United Kingdom to China. 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. It hears predominantly civil cases but only relatively few criminal cases were heard at first instance, mostly involving the most serious crimes such as homicide offences, rape, serious drugs offences and major commercial frauds. It is also an appellate court hearing appeals against decisions made by Masters as well as those of: *

Magistrates' Courts A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

Small Claims Tribunal Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...

* Obscene Articles Tribunal *

Labour Tribunal Labour Tribunals are tribunals in Sri Lanka formed under the Industrial Disputes Act No.62 of 1957, to handle labour disputes and termination of employment. It is also the name of an institution in Hong Kong. In 1997 the court was centralised in M ...

*Minor Employment Claims Adjudication Board It is the only court in Hong Kong where cases are tried by a judge with a jury (although the inquisition in Coroner's court may involve a jury). The Basic Law only maintains 'the trial by jury previously practised in Hong Kong' but it does not make jury trial an absolute right. In the case of ''Chiang Lily v Secretary for Justice'', the court confirmed that "there does not exist, in Hong Kong, any absolute right to trial by jury nor any mechanism by which a person to be tried of an indictable offence may elect to be so tried" (per Wright J.). A defendant will only face a jury trial if he is tried in the Court of First Instance, and the decision is the prerogative of the

Secretary for Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...

. The Court of First Instance is bound by the

ratio In mathematics, a ratio shows how many times one number contains another. For example, if there are eight oranges and six lemons in a bowl of fruit, then the ratio of oranges to lemons is eight to six (that is, 8:6, which is equivalent to the ...

of previous decisions of higher courts (including the Court of Final Appeal and Court of Appeal of the High Court, as well as all Hong Kong cases previously decided by the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

) that have not been overruled.

References

External links

Hong Kong Judiciary website, High Court page
Judiciary of Hong Kong 1997 establishments in Hong Kong Courts and tribunals established in 1997 {{HongKong-struct-stub

See also

References

External links