Phone +852 2123 0123 Established 1997 | Currently Geoffrey Ma Number of positions 26 | |
 | ||
Location 8 Jackson Road, Central,
Hong Kong Composition method Appointed by the Chief Executive acting in accordance with the recommendation of the Judicial Officers Recommendation Commission with the endorsement of the Legislative Council Authorized by Judge term length The Chief Justice and permanent judges shall vacate their offices when they attain the retiring age, but there is no retiring age for non-permanent judges No. of positions 26 (permanent and non-permanent judges) Website Hong Kong Court of Final Appeal Address Former Legislative Council Building, 8 Jackson Rd, Central, Hong Kong Hours Closed now Tuesday9AM–1PM, 2–5PMWednesday9AM–1PM, 2–5PMThursday9AM–1PM, 2–5PMFriday9AM–1PM, 2–5PMSaturday9AM–12PMSundayClosedMonday9AM–1PM, 2–5PM Similar Court of Final Appeal B, Former French Mission B, Government House - Hong Kong, Statue Square, St John's Cathedral | ||
The Hong Kong Court of Final Appeal (Chinese: 香港終審法院) is the final appellate court of Hong Kong.
Contents
Role
Before 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 sovereignty of Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997. Based on one country, two systems principle, Hong Kong remains its highly autonomous power and maintains its own legal system. 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 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 or New Zealand.
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. The 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 (NPCSC) 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. Controversy regarding this power of interpretation arose in the right of abode issue in 1999.
Building
From its inception until September 2015, the court was located in the Former French Mission Building, in Central. In September 2015 the court relocated to the former (until 2011) Legislative Council Building, which was originally the colonial Supreme Court (1912–1985).