Page 8 - Mini-Module 9

The Common Law
Apart from the ordinances, law is found in the body of decisions of
judges in precedent cases. A typical example of a useful precedent is
where a court has considered the definition of a term used in
legislation and gives it a particular meaning in a particular context.
When another court at a later time finds itself in that particular
context, it will generally follow the earlier court’s decision, unless
there are distinguishing features, especially if the decision is of a
higher court in the hierarchy. In Hong Kong the highest court is the
Court of Final Appeal. Decisions of the courts are found in law
reports and other legal publications

The Courts and Tribunals
The Court of Final Appeal is the highest court in Hong Kong,
followed by the Court of Appeal. Both of these courts are appellate
courts.
The Court of First Instance deals with civil claims exceeding HK$1
million and the most serious criminal cases. In criminal cases the
judge sits with a jury. School staff can be called to serve as jurors
and failure to attend in response to a jury summons is an offence
carrying a maximum fine of $5,000. An employer discriminating
against an employee by reason of jury service commits an offence
and is liable upon conviction to a fine of $25,000 and to
imprisonment for 3 months.
The District Court can deal with all serious criminal cases except
murder, manslaughter and rape. It has jurisdiction to impose a
maximum of 7 years’ imprisonment, or hear civil cases which
involve claims between HK$50,000 and less than HK$1 million.
Magistracies deal with only the least serious criminal cases where
the maximum sentence is 2 years’ imprisonment and a fine of
HK$100,000. The Juvenile Court in the Magistrates' Courts hears
charges against children and young persons under the age of 16,
except where the charge is one of homicide. It may also make care
or protection orders in respect of children or young people.
Some disputes are dealt with in tribunals where lawyers are not
involved. The proceedings are less formal than in courts. The Labour
Tribunal deals with employment disputes, and the Small Claims
Tribunal handles civil claims of up to HK$50,000.
For more information:
On the legal system, please visit http://www.doj.gov.hk .
On the court system and jury service, please visit
http://www.judiciary.gov.hk

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