Hong Kong Court of Final Appeal 香港終審法院 |
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The logo features the Court of Final Appeal Building
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Established | 1997 |
Location |
8 Jackson Road, Central, Hong Kong |
Coordinates | 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°ECoordinates: 22°16′45.75″N 114°9′34.71″E / 22.2793750°N 114.1596417°E |
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 | Hong Kong Court of Final Appeal Ordinance |
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 |
Chief Justice | |
Currently | Geoffrey Ma |
Since | 1 September 2010 |
The Hong Kong Court of Final Appeal (Chinese: 香港終審法院) is the final appellate court of Hong Kong.
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.