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Court of Final Appeal (Hong Kong)

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Court of Final Appeal (Hong Kong)

Court of Final Appeal in Central
Jurisdiction  Hong Kong
Location 1 Battery Path, Central, Hong Kong
Coordinates 22°16′45.75″N 114°9′34.71″E / 22.279375°N 114.1596417°E / 22.279375; 114.1596417Coordinates: 22°16′45.75″N 114°9′34.71″E / 22.279375°N 114.1596417°E / 22.279375; 114.1596417
Authorized by Hong Kong Basic Law
Website http://www.judiciary.gov.hk/en/index/index.htm
Chief Justice of the Court of Final Appeal
Currently The Hon Mr Justice Andrew LI Kwok-nang, GBM

The Court of Final Appeal (Chinese: 終審法院) is the court with the final adjudication power on the laws of Hong Kong.

Before 1st July 1997, Hong Kong was a British dependent territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1st July 1997, and the Court of Final Appeal was thereby established in Central, Hong Kong. Since then, it serves as the court of last resort, thus executing the power of final adjudication on the laws of Hong Kong.

Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. Judges from other common law jurisdictions (including England and Wales) can be recruited and continue to serve in the judiciary according to Article 92 of the Basic Law.

On the other hand, the power of interpretation of the Basic Law, being part of the national law of the PRC, is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law. However, the same Article delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", it must be noted that issuing an interpretation does not affect any court judgments already passed. The courts' power of interpretation is necessary for any judicial activities to be carried out. Controversy regarding this power of interpretation arose in the right of abode issue in 1999.

The court is located in the Former French Mission Building, in Central. The Hong Kong Government is planning to relocate it to the present Legislative Council building, which was originally designed to be a lawcourt and was once the location of the colonial Supreme Court.

Contents

[edit] List of judges

[edit] Permanent judges

Title and name Date of birth Appointed by Took office Prior positions
Chief Justice of the Court of Final Appeal The Hon Mr Justice Andrew Li Kwok-nang December 1948  Hong Kong Tung Chee-Hwa 1997 Deputy (part time) Judge of the District Court of Hong Kong 1982, Justice of the Peace 1985, Deputy High Court Judge 1991, member of the Executive Council at-large 1992
The Hon Mr Justice Bokhary 1947  Hong Kong Tung Chee-Hwa 1997 Judge of the High Court, Justice of Appeal of the Court of Appeal 1993-1997
The Hon Mr Patrick Chan  Hong Kong Tung Chee-Hwa 2000 Chief Judge of the High Court
The Hon Mr Justice Ribeiro 1949  Hong Kong Tung Chee-Hwa 2000 Recorder of the High Court 1997, Judge of the High Court 1999, Justice of Appeal of the Court of Appeal
Politics and government of Hong Kong

Basic Law
Government
  Chief Executive - Donald Tsang
  Chief Secretary - Henry Tang
  Financial Secretary - John Tsang
  Secretary for Justice -
    Wong Yan Lung
  Accountability System
  Political appointees
  Executive Council
  Depts and related organisations
Legislative Council
Elections
Political parties
Judiciary
  Court of Final Appeal
District Council
Human rights
Foreign relations
Universal suffrage


Other Hong Kong topics
Culture - Economy
Education - Geography - History
Hong Kong Portal

[edit] Non-Permanent judges

Title and name Date of birth Appointed by Took office Prior positions
Sir Derek Cons 15 July 1928  Brunei President of the Court of Appeal of Brunei
Mr William James Silke
Mr Kutlu Tekin Fuad  Brunei Judge, Court of Appeal of Brunei
Hon Mr Philip Gerard Clough
Sir Noel Plunkett Power, GBS  Australia Tung Chee-Hwa 1997 acting Chief Justice of the Supreme Court of Hong Kong 1996-1997; magistrate, member of the Lands Tribunal, Justice of the High Court (Hong Kong)
Hon Mr Gerald Paul Nazareth, GBS Justice of the Court of Appeal of Bermuda
The Hon Mr John Barry Mortimer, GBS QC 7 August 1931  United Kingdom Tung Chee-Hwa 1997 Justice of High Court of Justice of England and Wales from 1985 to 1993, Lord Justice of Appeal from 1993 to 1997, and Vice President of the Court of Appeal of England and Wales from 1997 to 1999
The Hon Mr Henry Denis Litton, GBM 1934  Hong Kong Tung Chee-Hwa 1997 Chairman of Hong Kong Bar Association; Vice President of the Hong Kong Court of Appeal 1995-1997; Permanent Judge of the Court of Final Appeal 1997-2000
The Hon Sir Anthony Mason 1925  Australia Tung Chee-Hwa 1997 former Chief Justice of the High Court of Australia and judge of the Supreme Court of New South Wales
The Rt Hon the Lord Hoffmann 1934  South Africa /  United Kingdom Lord of Appeal in Ordinary (Law Lord) of the UK House of Lords; former Lord Justice of Appeal
The Hon Sir Gerard Brennan 1928  Australia Tung Chee-Hwa 2000 former Chief Justice of Australia, High Court of Australia; Federal Court of Australia
The Rt Hon Sir Thomas Eichelbaum GBE 1931  Germany /  New Zealand Donald Tsang 2006 former Chief Justice of New Zealand
The Rt Hon the Lord Millett 1932  United Kingdom Tung Chee-Hwa 2000 Law Lord, House of Lords (UK)
The Rt Hon the Lord Woolf of Barnes (Harry Kenneth Woolf) 1933  United Kingdom Tung Chee-Hwa 2003 Lord of Appeal in Ordinary (Law Lord); and former Lord Chief Justice of England and Wales
The Rt Hon the Lord Scott of Foscote 1934  South Africa /  United Kingdom Tung Chee-Hwa 2003 Lord of Appeal in Ordinary (Law Lord); former justice of High Court of Justice of England and Wales (Chancery Division), Lord Justice of Appeal, Vice-Chancellor of the Supreme Court
The Rt Hon Sir Ivor Richardson 24 May 1930  New Zealand Tung Chee-Hwa 2003 former President of the New Zealand Court of Appeal, former Chancellor of, and Dean and Professor of Law, at Victoria University of Wellington; Distinguished Fellow at the Law School at Victoria University
Mr Michael McHugh 1935  Australia Donald Tsang 2005 former justice of the High Court of Australia (until 2005)
Murray Gleeson 30 August 1938 Australia 2008 former chief justice of the High Court of Australia

[edit] See also

[edit] External links


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