Court of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal 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. As defined in the Basic Law of Hong Kong, the Court of Final Appeal is constitutionally allowed to exercise its judicial powers free from interference. The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the functions and procedures of the court.
Role of the Court
From the 1840s to 1 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 power to exercise sovereignty over Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997. Based on the one country, two systems principle, Hong Kong retains its a high degree of autonomy and maintains its own legal system. The Court of Final Appeal was established on 1 July 1997 in Central, Hong Kong. Since then, it has served as the court of last resort; the court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law.Court Structure
The Court of Final Appeal has no original jurisdiction; an appeal has to originate from the High Court. 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 can be recruited and serve in the judiciary as non-permanent judges according to Article 92 of the Basic Law. Judges appointed pursuant to Article 92 have served in the judiciaries of England and Wales, Australia, New Zealand, and Canada. Aside from the Chief Justice, there is no nationality requirement for any of the permanent or non-permanent judges.Allowing an Appeal
Whether an appeal is allowed or not is determined by a panel of three Hong Kong judges, usually the Chief Justice and two other permanent judges. Should the Chief Justice or a permanent judge not be available, the other permanent judge or a non-permanent judge from Hong Kong may be called in. Non-permanent judges from other jurisdictions do not sit on such panels.There is also a Registrar attached to the Court of Final Appeal, to help with review of appeal applications and other administrative duties.
Hearing an Appeal
All appeal cases are heard by a bench of five judges consisting of the Chief Justice, three permanent judges and a non-permanent judge from another common law jurisdiction. If the Chief Justice does not sit in an appeal, a permanent judge is designated to sit in the Chief Justice's place, and a non-permanent judge from Hong Kong will sit on the court as well. Similarly, if a permanent judge is unable to sit, a non-permanent Hong Kong judge will sit in place of that permanent judge. Technically, should a non-permanent judge from outside Hong Kong be unable to attend due to extraordinary circumstances, two non-permanent Hong Kong judges may sit on the court or sit via video conferencing.As the role of a non-permanent judge is not a full time role, a serving High Court judge may be appointed as a non-permanent judge concurrently, such as Vice President Tang and Vice President Stock, as they were then known. This only occurs when the Court is low on non-permanent judges from Hong Kong, and is extended only to the most eminent and senior serving High Court justices.
Article 158 Interpretation Controversy
The controversial power of final interpretation of national law including the Basic Law is vested in the Standing Committee of the National People's Congress of China by virtue of Article 158 of the Basic Law and by the Constitution of the PRC; however, national laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong.Article 158 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", an interpretation by the NPCSC does not affect any court judgments already rendered. This practice is highly controversial as it contradicts the power of final adjudication; the first time an interpretation occurred in 1999, all five judges involved in the case reportedly considered quitting the top court in protest.
Instances of Article 158 interpretations are as follows:
- 1999: Right of abode in Hong Kong
- 2004: Adding two rules to the process of electoral reforms regarding the election of the Hong Kong Chief Executive
- 2005: Dealing with an unfinished term of a Chief Executive upon resignation
- 2012: State immunity and the jurisdiction of Hong Kong courts
- 2016: Legislative Council oath-taking controversy
Building
- Former French Mission Building
- Court of Final Appeal Building
Gallery
List of Permanent Judges
Chief Justices">Chief Justice of the Court of Final Appeal">Chief Justices
Permanent Judges">Permanent Judges of the Court of Final Appeal">Permanent Judges
The following appointments have been made by the Chief Executive, based on the recommendation of the Judicial Officers Recommendation Commission, and either pending approval of the Legislative Council or awaiting effective date:- Andrew Cheung replacing Geoffrey Ma as Chief Justice
- TBD replacing Andrew Cheung as Permanent Judge ; pending recommendation from the JORC
- TBD replacing Roberto Ribeiro as Permanent Judge ; pending recommendation from the JORC
List of Non-Permanent Judges
Current Non-Permanent Judges from Hong Kong
No. | Name | Chinese name | Appointed by | Took office | Tenure length | Previous judicial offices |
1 | Frank Stock, GBS | 司徒敬 | Donald Tsang | 1 September 2010 | Deputy High Court Judge Judge of the High Court of Justice/Court of First Instance Justice of Appeal of the Court of Appeal Vice-President of the Court of Appeal | |
2 | Syed Kemal Shah Bokhary, GBM | 包致金 | Leung Chun-ying | 25 October 2012 | Judge of the High Court of Justice Justice of Appeal of the Court of Appeal Permanent Judge of the Court of Final Appeal | |
3 | Patrick Chan Siu-oi, GBM | 陳兆愷 | Leung Chun-ying | 21 October 2013 | Judge of the District Court Deputy Registrar of the Supreme Court Judge of the High Court of Justice Chief Judge of the High Court Permanent Judge of the Court of Final Appeal | |
4 | Robert Tang Kwok-ching, GBM, SBS | 鄧國楨 | Carrie Lam | 25 October 2018 | Deputy District Judge Deputy High Court Judge Recorder of the High Court of Justice/Court of First Instance Judge of the Court of First Instance Justice of Appeal of the Court of Appeal Vice-President of the Court of Appeal Non-Permanent Judge of the Court of Final Appeal Permanent Judge of the Court of Final Appeal |
Current Non-Permanent Judges from Other Common Law Jurisdictions
No. | Jurisdiction | Name | Chinese name | Appointed by | Took office | Tenure length | Prior most senior judicial role |
1 | ![]() | Lord Hoffmann, GBS | 賀輔明勳爵 | Tung Chee-hwa | 12 January 1998 | Lord of Appeal in Ordinary | |
2 | ![]() | Lord Millett, GBM | 苗禮治勳爵 | Tung Chee-hwa | 28 July 2000 | Lord of Appeal in Ordinary | |
3 | ![]() | Anthony Murray Gleeson | 紀立信 | Donald Tsang | 1 March 2009 | Chief Justice of Australia | |
4 | ![]() | Lord Walker of Gestingthorpe, GBS | 華學佳勳爵 | Donald Tsang | 1 March 2009 | Justice of the Supreme Court of the United Kingdom | |
5 | ![]() | Lord Neuberger of Abbotsbury, GBS | 廖柏嘉勳爵 | Donald Tsang | 1 March 2009 | President of the Supreme Court of the United Kingdom | |
6 | ![]() | Lord Collins of Mapesbury | 郝廉思勳爵 | Donald Tsang | 30 June 2011 | Justice of the Supreme Court of the United Kingdom | |
7 | ![]() | Lord Phillips of Worth Matravers | 范理申勳爵 | Leung Chun-ying | 1 October 2012 | President of the Supreme Court of the United Kingdom | |
8 | ![]() | James Jacob Spigelman | 施覺民 | Leung Chun-ying | 29 July 2013 | Chief Justice of New South Wales | |
9 | ![]() | William Montague Charles Gummow | 甘慕賢 | Leung Chun-ying | 29 July 2013 | Justice of the High Court of Australia | |
10 | ![]() | Robert Shenton French | 范禮全 | Leung Chun-ying | 31 May 2017 | Chief Justice of Australia | |
11 | ![]() | Lord Reed of Allermuir | 韋彥德勳爵 | Leung Chun-ying | 31 May 2017 | President of the Supreme Court of the United Kingdom | |
12 | ![]() | Baroness Hale of Richmond | 何熙怡女男爵 | Carrie Lam | 30 July 2018 | President of the Supreme Court of the United Kingdom | |
13 | ![]() | Beverley Marian McLachlin | 麥嘉琳 | Carrie Lam | 30 July 2018 | Chief Justice of Canada | |
14 | ![]() | Lord Sumption | 岑耀信勳爵 | Carrie Lam | 18 December 2019 | Justice of the Supreme Court of the United Kingdom |
Former Non-Permanent Judges from Hong Kong
No. | Name | Chinese name | Took office | Left office | Tenure length | Prior most senior local judicial role |
1 | Sir Denys Tudor Emil Roberts, KBE | 羅弼時爵士fo | 28 July 1997 | 27 July 2003 | Chief Justice of the Supreme Court | |
2 | Sir Alan Armstrong Huggins | 赫健士爵士 | 28 July 1997 | 27 July 2003 | Vice-President of the Court of Appeal | |
3 | Neil Macdougall | 麥德高 | 28 July 1997 | 27 July 2003 | Justice of Appeal of the Court of Appeal | |
4 | Art Michael McMullin | 麥慕年 | 28 July 1997 | 27 July 2003 | Justice of Appeal of the Court of Appeal | |
5 | Sir Derek Cons | 康士爵士 | 28 July 1997 | 27 July 2006 | Vice-President of the Court of Appeal | |
6 | Philip Gerard Clough | 郭樂富 | 28 July 1997 | 27 July 2006 | Justice of Appeal of the Court of Appeal | |
7 | William James Silke | 邵祺 | 28 July 1997 | 27 July 2009 | Vice-President of the Court of Appeal | |
8 | Kutlu Tekin Fuad | 傅雅德 | 28 July 1997 | 27 July 2009 | Vice-President of the Court of Appeal | |
9 | Sir Noel Plunkett Power, GBS | 鮑偉華爵士 | 28 July 1997 | 19 November 2009 | Vice-President of the Court of Appeal | |
10 | Gerald Paul Nazareth, GBS | 黎守律 | 28 July 1997 | 27 July 2012 | Vice-President of the Court of Appeal | |
11 | John Barry Mortimer, GBS | 馬天敏 | 28 July 1997 | 27 July 2015 | Vice-President of the Court of Appeal | |
12 | Henry Denis Litton, GBM | 烈顯倫 | 14 September 2000 | 13 September 2015 | Permanent Judge of the Court of Final Appeal | |
13 | Charles Arthur Ching, GBM | 沈澄 | 7 October 2000 | 30 November 2000 | Permanent Judge of the Court of Final Appeal | |
14 | Robert Tang Kwok-ching, GBM, SBS | 鄧國楨 | 1 September 2010 | 24 October 2012 | Vice-President of the Court of Appeal | |
15 | Michael John Hartmann, GBS | 夏正民 | 1 September 2010 | 31 August 2016 | Justice of Appeal of the Court of Appeal |