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Court of Appeal (Hong Kong)

Coordinates: 22°16′41.38″N 114°9′47.23″E / 22.2781611°N 114.1631194°E / 22.2781611; 114.1631194

Court of Appeal
High Court Building Drop off area 2017.jpg
Entrance of the High Court
Established1 July 1997
Location38 Queensway, Admiralty, Hong Kong
Authorized byHong Kong Basic Law
Appeals toCourt of Final Appeal
Websitehttp://www.judiciary.gov.hk/en/index/index.htm
President of the Court of Appeal
Court of Appeal
Traditional Chinese上訴法庭

The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice.

This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies.

The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal.

Cases in the Court of Appeal are decided by a bench consisting of one, two or three 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.[1] A single Judge can grant leave to appeal on a paper application and make procedural orders/directions not involving the determination of an appeal.[2] In criminal cases, appeals against sentence take place before a bench of two Judges[3] and leave to appeal application hearings take place before a single Judge.[4] 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.[5] 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.[6] 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.[7][8]

A Judge of the Court of First Instance may also sit as a Judge in the Court of Appeal,[9] including as a single Judge (for example, when determining applications for leave to appeal in criminal cases).[10]

See alsoEdit

ReferencesEdit

  1. ^ High Court Ordinance (Cap. 4), Section 34B(4)
  2. ^ High Court Ordinance (Cap. 4), Section 35(1)
  3. ^ High Court Ordinance (Cap. 4), Section 34(2A)
  4. ^ High Court Ordinance (Cap. 4), Section 34A
  5. ^ Chiu Hoi Po v Commissioner of Police, CACV 200/2006, reported at [2008] 4 HKLRD 67
  6. ^ High Court Ordinance (Cap. 4), Section 34(5)-(6)
  7. ^ High Court Ordinance (Cap. 4), Section 34B(5)
  8. ^ See, for example, Eugene Jae-Hoon Oh v Kate Gaskell Richdale, CACV 162/2003, reported at [2005] 2 HKLRD 285, in which Ma CJHC and Cheung JA disagreed on the outcome. The case was subsequently re-heard before Woo VP, Le Pichon JA and Chung J in Eugene Jae-Hoon Oh v Kate Gaskell Richdale, CACV 162/2003.
  9. ^ High Court Ordinance (Cap. 4), Section 5(2)
  10. ^ Criminal Procedure Ordinance (Cap. 221), Section 83Y

External linksEdit