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The Court of Final Appeal of Hong Kong S.A.R. of the People's Republic of China
中華人民共和國香港特別行政區終審法院
中华人民共和国香港特别行政区终审法院
Hong Kong SAR Regional Emblem.svg
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 Chief Justice Andrew LI Kwok-nang, GBM
Court of Final Appeal in Central

The Court of Final Appeal (simplified Chinese: 终审法院traditional 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 serve in the judiciary according to Article 92 of the Basic Law.

The court has the power of final interpretation with regard to all laws in force in Hong Kong save the Basic Law. The power of interpretation of the Basic Law 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", an interpretation by the NPCSC does not affect any court judgments already rendered. 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

List of judges

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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
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 Justice 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
Hkpol.jpg
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
  Geographical constituency
  Functional constituency
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

Non-Permanent judges

Title and name Date of birth Appointed by Took office Prior positions
Mr Gerald Nazareth, GBS Justice of the Court of Appeal of Bermuda
Mr John B. 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 Henry 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 21 April 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 8 May 1934  South Africa Tung Chee-Hwa Lord of Appeal in Ordinary (Law Lord) of the UK House of Lords; former Lord Justice of Appeal
The Hon Sir Gerard Brennan 22 May 1928  Australia Tung Chee-Hwa 2000 former Chief Justice of Australia, High Court of Australia; Federal Court of Australia
The Rt Hon the Lord Millett 23 June 1932  United Kingdom Tung Chee-Hwa 2000 Law Lord, House of Lords (UK)
The Rt Hon the Lord Woolf of Barnes 2 May 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 2 October 1934  South Africa 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
Mr Michael McHugh 1 November 1935  Australia Donald Tsang 2005 former justice of the High Court of Australia
The Rt Hon Thomas Gault 31 October 1938  New Zealand Donald Tsang
Mr Murray Gleeson, AC 30 August 1938  Australia Donald Tsang 2008 former chief justice of the High Court of Australia
The Rt Hon the Lord Walker of Gestingthorpe 17 March 1938  United Kingdom Donald Tsang
The Rt Hon the Lord Neuberger of Abbotsbury 10 January 1948  United Kingdom Donald Tsang

See also

External links


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