HIGH COURT (Amended 25 of 1998 s. 2)
To amend and consolidate the law relating to the constitution, jurisdiction, practice and powers of the High Court and the administration of justice therein and for matters ancillary thereto and connected therewith. (Amended 25 of 1998 s. 2)
[20 February 1976] L.N. 50 of 1976
(Originally 92 of 1975) Section: | 1 | Short title | 25 of 1998 | 01/07/1997 |
Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART I PRELIMINARY This Ordinance may be cited as the High Court Ordinance. (Amended 25 of 1998 s. 2) Section: | 2 | Interpretation | 10 of 2005 | 08/07/2005 |
In this Ordinance, unless the context otherwise requires
"action" (訴訟) means a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by any law;
"appeal" (上訴) in the context of appeals to the Court of Appeal in its civil jurisdiction includes- - (a) an application for a new trial; and
- (b) an application to set aside a verdict, finding or judgment in any cause or matter in the Court of First Instance which has been tried, or in which any issue has been tried, by a jury; (Added 52 of 1987 s. 2. Amended 25 of 1998 s. 2)
"cause" (訟案) means any action or any criminal proceeding; (Replaced 52 of 1987 s. 2)
"Court of First Instance" (原訟法庭) means the Court of first Instance of the High Court; (Added 25 of 1998 s. 2)
"defendant" (被告人) includes any person served with any writ of summons or process, or served with notice of, or entitled to attend, any proceedings;
"detention" (羈留) includes every form of restraint of liberty of the person; (Added 95 of 1997 s. 2)
"deputy judge" (暫委法官) means a deputy judge of the Court of First Instance appointed under section 10(1); (Added 49 of 1983 s. 2. Amended 25 of 1998 s. 2)
"Government stock" (政府證券) means any stock issued by the Government or any funds of or annuity granted by the Government; (Added 52 of 1987 s. 2)
"judgment" (判決) includes decree;
"Justice of Appeal" (上訴法庭法官) includes a judge of the Court of First Instance sitting as an additional judge of
the Court of Appeal under section 5(2); (Added 52 of 1987 s. 2. Amended 25 of 1998 s. 2) "land" (土地) includes- - (a) land covered by water;
- (b) any estate, right, interest or easement in or over any land; and
(c) things attached to land or permanently fastened to anything attached to land; (Replaced 52 of 1987 s. 2) "Master" (聆案官) has the meaning given to it by sections 37, 37AC, 37A and 37B; (Added 52 of 1987 s. 2. Amended 1 of 1997 s. 3; 10 of 2005 s. 164) "matter" (事宜) includes every proceeding not in a cause; "party" (一方、方) includes every person served with notice of or attending any proceeding, although not named on the record;
"plaintiff" (原告人) includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;
"prescribed" (訂明) means prescribed by rules of court;
"recorder" (特委法官) means a recorder of the Court of First Instance appointed under section 6A; (Added 80 of 1994 s. 2. Amended 25 of 1998 s. 2)
"Registrar" (司法常務官) means the Registrar of the High Court; (Amended 25 of 1998 s. 2)
"Registry" (登記處) means any Registry of the High Court; (Amended 25 of 1998 s. 2)
"writ of habeas corpus" (人身保護令狀) means a writ of habeas corpus ad subjiciendum. (Added 95 of 1997 s. 2)
(Amended 49 of 1983 s. 2; 95 of 1997 s. 2; 25 of 1998 s. 2)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
PART II
THE HIGH COURT (Amended 25 of 1998 s. 2)
(1) There shall be a High Court of the Hong Kong Special Administrative Region consisting of the Court of First Instance and the Court of Appeal.
(2) Subject to the provisions of this Ordinance, the High Court shall be a court of unlimited civil and criminal
jurisdiction. (Replaced 110 of 1997 s. 8)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) The Court of First Instance shall consist of- - (a) the Chief Judge of the High Court; (Amended 79 of 1995 s. 50)
- (b) such judges as the Governor may appoint; (Amended 80 of 1994 s. 3)
(ba) such recorders as the Governor may appoint; and (Added 80 of 1994 s. 3)
- (c) such deputy judges as the Chief Justice may appoint. (Added 52 of 1987 s. 4)
(2) A Justice of Appeal may sit in the Court of First Instance and act as a judge thereof whenever the business of the Court of First Instance so requires, in which case he shall have all the jurisdiction, powers and privileges of such a judge.
(3) (Repealed 52 of 1987 s. 4)
(Amended 25 of 1998 s. 2) Section: | 5 | Constitution of Court of Appeal | 79 of 1995; 25 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) The Court of Appeal shall consist of- - (a)
- the Chief Judge of the High Court; and
- (b)
- such Justices of Appeal as the Governor may appoint.
(1A) The Chief Judge of the High Court may appoint one or more of the Justices of Appeal as vice-presidents of the Court of Appeal. (Added 52 of 1987 s. 5)
(2) A judge of the Court of First Instance may, on the request of the Chief Justice, sit as an additional judge of the Court of Appeal, in which case he shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.
(3) The Chief Judge of the High Court shall be the president of the Court of Appeal and, in his absence for any
cause, the presidency shall be determined in accordance with the order of precedence prescribed in section 7. (Amended 79 of 1995 s. 50; 25 of 1998 s. 2) Section: | 6 | Appointment of judges | 25 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) A judge of the High Court, other than- (Amended 25 of 1998 s. 2) - (a)
- a judge appointed under section 8(1) or (2); (Amended 80 of 1994 s. 4)
(aa) a recorder; (Added 80 of 1994 s. 4. Amended 26 of 1997 s. 2)
- (b)
- a deputy judge; and (Amended 49 of 1983 s. 3; 26 of 1997 s. 2)
(c) a judge appointed under section 11A(3)(a), (Added 26 of 1997 s. 2) shall be appointed by Letters Patent under the Public Seal by the Governor, in accordance with such instructions as the Governor may receive through a Secretary of State.
(2) (Repealed 80 of 1994 s. 4) Section: | 6A | Appointment of recorders | 25 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
- (1)
- The Governor may appoint a person who is eligible to be appointed to be a judge of the High Court under section 9(1) or (1A), to be a recorder of the Court of First Instance for such period as may be specified in the instrument by which the appointment is made. (Amended 1 of 1997 s. 4)
(2) An appointment made under subsection (1) shall be made- - (a)
- in the case of the first appointment of a person as a recorder, by Letters Patent under the Public Seal;
- (b)
- in the case of a reappointment or subsequent appointment of a person who has previously been appointed, by such other instrument under the hand of the Governor as the Governor thinks fit.
- (3)
- A recorder shall have and may exercise all the jurisdiction, powers and privileges and shall have and perform all the duties of a judge of the Court of First Instance, and any reference in any law to such a judge shall be construed accordingly.
(Added 80 of 1994 s. 5. Amended 25 of 1998 s. 2) Section: | 6B | Appointment of judges and recorders may be retrospective | 25 of 1998 | 01/07/1997 |
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
Cap 4 - HIGH COURT ORDINANCE - (1)
- Subject to subsection (2), any appointment made under section 6(1) or 6A(1) may be given effect from a date anterior to that of the Letters Patent by which it is made.
- (2)
- Nothing in subsection (1) shall be deemed to authorize the discharge of any judicial functions by any person so appointed before the date of the Letters Patent or before the requirements of section 17 of the Oaths and Declarations Ordinance (Cap 11) have been fulfilled.
(Added 80 of 1994 s. 5)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
(1) The judges of the High Court shall take precedence in the following order- - (a)
- the Chief Judge of the High Court; (Amended 79 of 1995 s. 50)
(aa) the vice-presidents of the Court of Appeal who among themselves shall rank according to the priority of their respective appointments as vice-presidents; (Added 52 of 1987 s. 6)
- (b)
- the Justices of Appeal (other than vice-presidents), who among themselves shall rank according to the priority of their respective appointments; (Amended 52 of 1987 s. 6)
- (c)
- the judges of the Court of First Instance, who among themselves shall rank according to the priority of their respective appointments; (ca) the recorders of the Court of First Instance, who among themselves shall rank according to the priority of their respective appointments:
Provided that, where the Governor is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of recorders irrespective of the priority of their appointments; (Added 80 of 1994 s. 6)
- (d)
- deputy judges, who among themselves shall rank according to the priority of their respective appointments:
Provided that, where the Governor is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of deputy judges irrespective of the priority of their appointments. (Amended 49 of 1983 s. 4)
(2) Notwithstanding subsection (1)(b) and (c), where the Secretary of State is of the opinion that there are sufficient reasons for so doing, he may determine the precedence of the Justices of Appeal or the judges of the Court of First Instance, as the case may be, irrespective of the priority of their appointments.
(Amended 25 of 1998 s. 2)
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
- (1)
- If the office of Chief Judge of the High Court or any Justice of Appeal becomes vacant, by death or otherwise, the Governor may appoint another person, who is eligible to be appointed to be a judge of the High Court under section 9, to act in such office until the vacancy therein is filled.
- (2)
- If the Chief Judge of the High Court or a Justice of Appeal is temporarily ill or absent, the Governor may appoint another person, who is eligible to be appointed to be a judge of the High Court under section 9, to act in his office until he resumes the duties thereof.
(3) Any appointment made under subsection (1) or (2) may be given effect from a date anterior to that of the
instrument by which it is made. (Added 80 of 1994 s. 7) (Amended 52 of 1987 s. 7; 79 of 1995 s. 50; 25 of 1998 s. 2)
(1) A person shall be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2)
(a) he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or (Amended 14 of 1997
s. 2) - (b)
- he is qualified as mentioned in paragraph (a) and prior thereto was qualified to practise as a solicitor in such a court, and, in either case, he has for at least 10 years practised as a barrister, solicitor or advocate in such a court.
(1A) A person shall also be eligible to be appointed to be a judge of the High Court if he is qualified to practise as a solicitor of the High Court and has for at least 10 years practised as such. (Added 52 of 1995 s. 2. Amended 25 of 1998 s. 2)
- (2)
- A person shall also be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2)
- (a)
- he is qualified to practise as a barrister or advocate in a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; or (Amended 14 of 1997
s. 2)
- (b)
- he is qualified as mentioned in paragraph (a) and prior thereto was qualified to practise as a solicitor in such a court,
and, in either case, he has, subject to subsection (3), for at least 10 years(i)-(iii) (Repealed 14 of 1997 s. 2)
(iv) been a District Judge appointed in accordance with section 4 or 7 of the District Court Ordinance (Cap 336); (iva) been the Registrar of the Hong Kong Court of Final Appeal appointed in accordance with section 42 of the Hong Kong Court of Final Appeal Ordinance (Cap 484); (Added 10 of 2005 s. 132) (ivb) been the Registrar or a senior deputy registrar, deputy registrar or assistant registrar appointed in accordance with section 37; (Added 10 of 2005 s. 132)
(ivc) been the Registrar of the District Court or a deputy registrar or assistant registrar of the District Court, appointed in accordance with section 14 of the District Court Ordinance (Cap 336); (Added 10 of 2005 s. 132) - (v)
- been a permanent magistrate appointed in accordance with section 5 of the Magistrates Ordinance (Cap 227); (va) been a coroner appointed in accordance with section 3 of the Coroners Ordinance (Cap 504); (Added 10 of 2005 s. 132) (vb) been an adjudicator appointed in accordance with section 4 of the Small Claims Tribunal Ordinance (Cap 338); (Added 10 of 2005 s. 132)
(vc) been a presiding officer appointed in accordance with section 4 of the Labour Tribunal Ordinance (Cap 25); (Added 10 of 2005 s. 132)
- (vi)
- been a legal officer as defined in section 2 of the Legal Officers Ordinance (Cap 87);
(vii) (Repealed 8 of 1993 s. 6)
(viii) been the Director of Legal Aid or a Deputy Director of Legal Aid, Assistant Director of Legal Aid or Legal Aid Officer, appointed in accordance with section 3 of the Legal Aid Ordinance (Cap 91); (Added 50 of 1976 s. 2. Amended 24 of 1983 s. 7; 39 of 1992 s. 8; 60 of 1992 s. 3) - (ix)
- been the Official Receiver or an Assistant Official Receiver (Legal), Assistant Principal Solicitor, Senior Solicitor or Solicitor, appointed in accordance with section 75 of the Bankruptcy Ordinance (Cap 6); or (Added 39 of 1992 s. 8. Amended 60 of 1992 s. 3; 68 of 1995 s. 17)
- (x)
- been the Director of Intellectual Property or a Deputy Director of Intellectual Property, Assistant Director of Intellectual Property, Senior Solicitor or Solicitor, appointed in accordance with section 3 of the Director of Intellectual Property (Establishment) Ordinance (Cap 412). (Added 60 of 1992 s. 3)
(2A) A person shall also be eligible to be appointed to be a judge of the High Court if- (Amended 25 of 1998 s. 2) - (a)
- he is a solicitor of a court in Hong Kong or any other common law jurisdiction having unlimited jurisdiction either in civil or criminal matters; (Amended 14 of 1997 s. 2)
- (b)
- he is and has been for the previous 2 years at least, and in aggregate for at least 5 years, employed in the service of the Crown in Hong Kong on judicial or legal work; and
- (c)