District Court (Hong Kong)
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The District Court is the intermediate court system in
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, having limited
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
and
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
jurisdictions. The District Court was established in 1953 with the enactment of the District Court Ordinance. It is located in the Wanchai Law Courts,
Wanchai Tower Wanchai Tower, located at 12 Harbour Road, Wan Chai, Hong Kong, is home to the District Court and government offices. Neighbouring buildings include Immigration Tower, Revenue Tower and Shui On Centre. History The building sits on land recl ...
, 12 Harbour Road. In the past there were six district courts, namely
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
,
Kowloon Kowloon () is an urban area in Hong Kong comprising the Kowloon Peninsula and New Kowloon. With a population of 2,019,533 and a population density of in 2006, it is the most populous area in Hong Kong, compared with Hong Kong Island and t ...
,
Fanling Fanling ( zh, t=粉嶺; also spelled Fan Ling or Fan Leng) is a town in the New Territories East of Hong Kong. Administratively, it is part of the North District. Fanling Town is the main settlement of the Fanling area. The name Fanling i ...
,
Tsuen Wan Tsuen Wan (formerly also spelled Tsun Wan) is a town built on a bay in the western New Territories of Hong Kong, opposite of Tsing Yi Island across Rambler Channel. The market town of Tsuen Wan emerged from the surrounding villages and flee ...
,
Tuen Mun Tuen Mun or Castle Peak is an area near the mouth of Tuen Mun River and Castle Peak Bay in the New Territories, Hong Kong. It was one of the earliest settlements in what is now Hong Kong and can be dated to the Neolithic period. In the more re ...
and
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, before being amalgamated and moved to the same location


Jurisdiction


Civil jurisdiction

The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over HK$75,000 but not more than HK$3 million. If the claim is more than HK$3 million, the claim can still be pursued in the District Court (instead of the
Court of First Instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...
of the High Court) provided that the excess is abandoned. If the claim is HK$75,000 or less, an adverse costs order may be made against the winning plaintiff due to pursuing its claim in the wrong court. If the plaintiff's claim does not exceed HK$3 million, but the defendant counterclaims for over HK$3 million, the claim and the counterclaim (or the counterclaim only) may be transferred to the
Court of First Instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...
of the High Court. For good reasons, the District Court may continue to handle the whole case even when the counterclaim exceeds HK$3 million, but a report has to be made to the High Court, which may order that the case be transferred. As to claims for possession of land, the District Court can deal with buildings or premises the annual rent or rateable value or the annual value of which does not exceed HK$320,000. If a claimant invokes the District Court's
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
, the above limits are equally applicable, except that in proceedings wholly relating to land, the maximum value shall not exceed HK$7 million.
Distraint Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even ...
claims are handled by the District Court. The District Court has exclusive jurisdiction to determine claims for compensation payable under the Employees' Compensation Ordinance (Cap. 282), regardless of the amount. Such claims are governed by the Employees' Compensation (Rules of Court) Rules (Cap. 282B) and Practice Direction 18.2. The District Court has exclusive jurisdiction to deal with claims made under the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602). Such claims are governed by the District Court Equal Opportunities Rules (Cap. 336G) and Practice Direction SL8. The District Court has jurisdiction to handle claims by the Inland Revenue Department against defaulting taxpayers to recover outstanding tax due to the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, regardless of the amount. The District Court also hears appeals from taxpayers against assessments by the Collector of Stamp Duty.


Criminal jurisdiction

The system is modelled after the
English legal system English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
, with indictable offences being taken up by the District Court if they are transferred from the
magistrate's court 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 ...
. The District Court hears all serious cases except murder, manslaughter rape and dangerous drug cases where large quantities of drugs have been seized, and can impose a sentence of up to seven years. Cases are heard in either the
Cantonese Cantonese ( zh, t=廣東話, s=广东话, first=t, cy=Gwóngdūng wá) is a language within the Chinese (Sinitic) branch of the Sino-Tibetan languages originating from the city of Guangzhou (historically known as Canton) and its surrounding are ...
or
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
language. A District Court Judge sits alone without a jury. From its establishment in 1953 there have been no juries in the district court. The Attorney General at the time the District Court Ordinance was passed,
Arthur Ridehalgh Arthur Ridehalgh QC (1907-1971) served as a government lawyer in a number of British colonies in the mid 20th Century. His last position was as Attorney General of Hong Kong. Early life Ridehalgh was born on 10 April 1907. He was the 4th s ...
, explained to the Legislative Council that juries were "not infallible" and only a "means to an end" and that every practitioner will have come across cases where a verdict of not guilty was either a "stupid or perverse one." Judges would be required to give reasons for verdict would should be sufficient safeguard.


Composition


Eligibility and appointment

A person who has practised for at least 5 years as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
,
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
,
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
or
judicial officer The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
in Hong Kong or another
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdiction is eligible to be appointed as a Judge, Registrar or Master of the District Court. District Judges, as well as the Registrar and Masters of the District Court, are appointed by the
Chief Executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
on the recommendation of the independent
Judicial Officers Recommendation Commission The Judicial Officers Recommendation Commission (JORC, ) is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive on judicial appointments and related matters established after the Handover in acc ...
(JORC). Limited-term or vacancy-filling Deputy District Judges may be appointed by the Chief Justice. It is not uncommon for a person to sit as a short-term Deputy District Judge prior to appointment in a permanent capacity. In 1986, Judge Helen Lo was the first woman to be appointed as a District Judge. District judges are mandated to retire at age 65.


Chief District Judge

The Chief District Judge is the Court Leader of the District Court. The Judges who have held the position of Chief District Judge to date are:


District Judges

District Judges are referred to as 'His/Her Honour Judge urname. The Judges of the District Court are (ranked by seniority): Chief District Judge * Justin Ko District Judges * Michael Wong * Stanley Chan * Simon Leung * Sharon Melloy * Eddie Yip * Katina Levy * C K Chan (Principal
Family Court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
Judge) * Frankie Yiu * K W Wong * Douglas Yau * W K Kwok * Josiah Lam * Anthony Kwok * David Dufton * S M Sham * Amanda Woodcock * K H Hui * Jack Wong * Katherine Lo * Gary Lam * Andrew Li * Herbert Au-Yeung * Harold Leong * Kent Yee * C P Pang * Timothy Casewell * Simon Lo * Isaac Tam * Angela Kot * Reuden Lai * George Own * Grace Chan * L W Wong * M K Liu * Edmond Lee * Winnie Tsui * Clement Lee * Ernest Lin * Adriana Tse Ching * K K Pang * K C Chan * Phoebe Man Pursuant to a general power of appointment to vacancies or on a temporary basis under sections 10 and 37A of the High Court Ordinance, Cap. 4, the Chief Justice frequently makes short-term appointments of District Court judges to sit in the High Court as a Deputy Judge or Master. All District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal. In practice, however, only certain District Judges are assigned to hear cases in the Lands Tribunal.


Deputy District Judges

The Chief Justice appoints on a temporary basis a number of Permanent Magistrates, retired judges and practitioners in private practice to sit as Deputy District Judges. A Deputy District Judge may exercise all the jurisdiction, powers and privileges of a District Judge. All Deputy District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal. In practice, however, only certain Deputy District Judges are assigned to hear cases in the Lands Tribunal.


Forms of address

All Judges of the District Court (regardless of whether Chief District Judge, Judges or Deputy Judges) are addressed in court as "Your Honour". In court judgments and decisions, District Judges are referred to as 'His/Her Honour Judge urname, 'HH Judge urname or 'HHJ urname. Deputy District Judges are referred to as 'Deputy District Judge urname or 'DDJ urname.


See also

*
Judiciary of Hong Kong The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the exec ...


Notes


References


External links


Hong Kong Court Services and Facilities
- information about the District Court. {{Authority control Judiciary of Hong Kong 1997 establishments in Hong Kong Courts and tribunals established in 1997