Magistrates' Court (Hong Kong)
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Magistrates' courts in
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
have criminal jurisdiction over a wide range of offenses, and in general these offenses must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the
District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...
or the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
depending on the seriousness of the crime. Summary offences can only be tried in a magistrates' court, while indictable-only and either-way offences are commonly transferred to the District Court or Court of First Instance for trial. Cases are always heard before a single magistrate, who must have qualified as a barrister or solicitor either in Hong Kong or in another
common law jurisdiction Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and have had substantial professional experience.


Magistrates


Appointment and retirement

Since 2019, the retirement age for magistrates is 65.


Types of magistrates


Chief Magistrate

The Chief Magistrate is the court leader and is responsible for the overall administration of the magistrates' courts.


Principal magistrate

A principal magistrate is in charge of one of the seven magistrates' courts.


Permanent magistrate

A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts. The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court or to sit as a Deputy District Judge or Master in the
District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...
,
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 ...
or Lands Tribunal. The Chief Justice also appoints a number of permanent magistrates to sit as Presiding Officers in the Labour Tribunal and Adjudicators in the Small Claims Tribunal.Small Claims Tribunal Ordinance (Cap. 338), section 4
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Special magistrate

A special magistrate is also a full-time magistrate, but is assigned to deal with various kinds of departmental summons including minor offenses such as traffic contraventions. Their sentencing power is limited to a maximum fine of HK$50,000 or as specified in their warrants of appointment.


Deputy magistrate / deputy special magistrate

A deputy magistrate or deputy special magistrate is assigned by the Chief Justice for such period and on such terms as the chief justice thinks fit. This makes additional manpower available to the magistrates' courts while also giving eligible persons experience on the bench, before the magistrate commits to a full-time posting or returns to private practice.


List of magistrates


Chief Magistrate

* Mr SO Wai-tak, Victor


Principal magistrates


Permanent magistrates

The current permanent magistrates (as at 1 January 2023) are (ranked according to seniority):


List of chief magistrates since 1997


Gallery of magistrates' courts

File:Eastern Law Courts Building.jpg, Eastern File:FanlingMagistratesCourtBuilding2.jpg, Fanling File:Kclawcourtsbldg(3).JPG,
Kowloon City Kowloon City is an area in New Kowloon, Hong Kong. It is part of Kowloon City District. Compared with the council area of Kowloon City District, the Kowloon City area is History As early as in the Qin dynasty (221–206 BCE), Kowloon ...
File:Kwun Tong Magistracy 1.jpg,
Kwun Tong Kwun Tong is an area in the Kwun Tong District of Hong Kong, situated at the eastern part of the Kowloon Peninsula, and its boundary stretches from Lion Rock in the north to Lei Yue Mun in the south, and from the winding paths of Kowloon P ...
File:HK Shatin Magistrates Courts View1.jpg,
Sha Tin Sha Tin, also spelt Shatin, is a neighbourhood along Shing Mun River in the eastern New Territories, Hong Kong. Administratively, it is part of the Sha Tin District. Sha Tin is one of the neighbourhoods of the Sha Tin New Town project. The new ...
File:HK Tuen Mun Law Courts Tuen Hing Road.JPG,
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 mo ...
File:West Kowloon Law Courts Building July 2016.jpg, West Kowloon
File:HK WesternMagistracyBuilding.JPG, Western Magistracy File:HK NothKowloonMagistracy.jpg, North Kowloon Magistracy File:Former Central Magistracy, Hong Kong.JPG, Central Magistracy File:South Kowloon Magistracy01.jpg, South Kowloon District Court File:FormerFanlingMagistracy.jpg, Fanling Magistracy File:Tsuen Wan Magistracy.JPG, Tsuen Wan Magistrates' Court


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

{{Judiciary of Hong Kong Judiciary of Hong Kong