Hong Kong Court of Appeal

History

Before 1976

Before the establishment of the Court of Appeal, appeals were either by way of re-hearing or made directly to the Judicial Committee of the Privy Council. From 1913, appeals were heard by a Full Court made up of 3 judges. From 1913 to 1943, a judge of the British Supreme Court for China in Shanghai was eligible to sit on the Full Court. In the 1910s and 1920s, a Shanghai judge would regularly travel to Hong Kong to sit on the Full Court. Sir Havilland de Sausmarez, a judge of the Shanghai court, was the President of the Full Court from 1910 to 1920. From 1926 to 1941, a judge of the Hong Kong Supreme Court also sat on the full court of the British Supreme Court for China.

1976: establishment of the Court of Appeal

The Court of Appeal was created in 1976 by the Supreme Court Ordinance 1975 as part of the then Supreme Court. Appeals from the Court of Appeal lay to the Judicial Committee of the Privy Council in London. In order to appeal to the Privy Council, leave to appeal was required either from the court appealed from or the Privy Council.

The court sat for the first time on the morning of 20 February 1976, with Wilfred Pickering and Alan Huggins serving as the first justices of appeal.

1997 - present

The Court of Appeal continued operating as part of the renamed High Court of Hong Kong upon the transfer of sovereignty on 1 July 1997, as provided for in Article 81 of the Basic Law. The Privy Council ceased to hear appeals from Hong Kong, and its role as Hong Kong's final appellate court was assumed by the new Court of Final Appeal, to which all appeals from the Court of Appeal now lie.

Divisions

The Court of Appeal consists of three divisions, each presided over by a vice-president of the court of appeal. These include a criminal division, a civil division, and a "mixed" division that deals with both criminal and civil cases.

Judges

The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to 1997, the position was known as the Chief Justice, and its holder was the most senior judge in Hong Kong.

Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals.

Cases in the Court of Appeal are decided by a bench consisting of one, two or three Justices of Appeal. On rare occasions, having regard to the public importance of the issue, the Court of Appeal has been constituted by a division of five judges. Final substantive appeal hearings take place before a bench of three Judges. In civil cases, interlocutory appeals and leave to appeal application hearings take place before a bench of two Judges. A single Judge can grant leave to appeal on a paper application and make procedural orders/directions not involving the determination of an appeal. In criminal cases, appeals against sentence take place before a bench of two Judges and leave to appeal application hearings take place before a single Judge. A decision by a two-member bench of the Court of Appeal has the same binding precedential value as a decision by a three-member bench of the Court of Appeal or a five-member bench of the Court of Appeal. If a case is heard by a two-member bench and the two Judges differ on the outcome, then the lower court's judgment or order will not be disturbed. In such a situation, any party can apply for the case to be re-heard by an uneven number of Judges in the Court of Appeal.

A Judge of the Court of First Instance may also sit as a Judge in the Court of Appeal, including as a single Judge (for example, when determining applications for leave to appeal in criminal cases).

Significant cases

In August 2022, the court ruled that same-sex marriages overseas would not be recognized as valid in Hong Kong, resulting in no rights or benefits given to married couples in Hong Kong.

In November 2022, the court ruled that there are minimum jail sentences for "serious" national security offenses.

List of justices of appeal

References

References

1. (1975). "Supreme Court Ordinance 1975 (No. 92 of 1975)". Legislative Council of Hong Kong.
2. "All Practice Directions".
3. (November 2008). "Judgment Update".
4. Clark, Douglas, Gunboat Justice, Vol 2, p179-181
5. Supreme Court Ordinance 1975, which came into effect in 1976
6. "Hong Kong Court of Final Appeal – A Brief Overview of the Court of Final Appeal".
7. Government Information Services. (19 February 1976). "NEW COURTS TO BE SET UP".
8. "Basic Law - Basic Law - Chapter IV (EN)".
9. (13 June 2003). "Report of the Subcommittee on proposed senior judicial appointments".
10. {{Cite Hong Kong case. (2007)
11. {{Cite Hong Kong case. (2007)
12. See, for example, {{Cite Hong Kong case. (1995). Mr Justice Litton]]) and four Justices of Appeal ([[Kemal Bokhary. Mr Justice Bokhary]], [[John B. Mortimer. Mr Justice Mortimer]], Mr Justice Godfrey and [[Charles Ching. Mr Justice Ching]])
13. "High Court Ordinance (Cap. 4), Section 34B(4)".
14. "High Court Ordinance (Cap. 4), Section 35(1)".
15. "High Court Ordinance (Cap. 4), Section 34(2A)".
16. "High Court Ordinance (Cap. 4), Section 34A".
17. {{Cite Hong Kong case. (2007)
18. {{Cite Hong Kong case. (2006)
19. {{Cite Hong Kong case. (2007)
20. "High Court Ordinance (Cap. 4), Section 34(5)-(6)".
21. "High Court Ordinance (Cap. 4), Section 34B(5)".
22. See, for example, {{Cite Hong Kong case. (2003). (2003)
23. "High Court Ordinance (Cap. 4), Section 5(2)".
24. "Criminal Procedure Ordinance (Cap. 221), Section 83Y".
25. Standard, The. "Jailed gay rights activist loses appeal to have Hong Kong marriage laws reviewed".
26. Ho, Kelly. (2022-11-30). "Landmark Hong Kong appeal ruling confirms minimum sentences for 'serious' national security offences".
27. (2016-10-26). "Retired judge Woo Kwok-hing first to officially throw hat in the ring for Hong Kong's 2017 chief executive election".
28. "Face to Face with Frank Stock, Former Vice-President of the Court of Appeal {{!}} Hong Kong Lawyer".
29. "Hong Kong's Legal Services".
30. Keepthinking. "The Honourable Robert TANG Ching, GBM, SBS, JP".
31. ["Appointment of Vice-President of the Court of Appeal of the High Court"](https://www.info.gov.hk/gia/general/201903/29/P2019032900264.htm#:~:text=The%20Judiciary%20today%20(March%2029,effect%20from%20April%201,%202019.).
32. "Michael Lunn to head panel to review bus franchise {{!}} Hong Kong {{!}} China Daily".
33. "Judicial appointment".
34. "Appointment of Vice-President of the Court of Appeal".