Return Day | A Brief Overview of Hong Kong's Judicial System

On this day 21 years ago, the central government officially resumed the exercise of sovereignty over Hong Kong. Over the past 21 years, Hong Kong’s development has benefited not only from the institutional arrangements under the “one country, two systems” principle, but also from its history and reality of a highly developed legal system. Today, the editor will give you a brief introduction to Hong Kong’s judicial system, offering a glimpse into the extent of the rule of law in Hong Kong.
 

Hong Kong solicitors The legal profession in Hong Kong retains the split profession under the common law system. In the mainland, when we call a legal practitioner a "barrister," it is mostly to show respect for the legal profession or to compliment the lawyer personally. In Hong Kong, however, "barrister" is a formal title for a lawyer, and solicitors and barristers are in fact two different professions. A barrister is also known as a "counsel," specializing in courtroom advocacy and enjoying full rights of audience in court. They may represent parties in proceedings before all Hong Kong courts and may also be engaged to provide professional opinions on litigation-related issues (such as whether to commence proceedings) or other specialized legal questions. Unlike barristers are "solicitors," who specialize in non-litigation work or certain litigation work, but in litigation their rights of audience are limited and they may appear only in certain relatively lower courts.

 Hong Kong courts

Magistrates' Courts handle mainly criminal cases, including summary offenses (equivalent to private criminal prosecutions in mainland China) and indictable offenses. All criminal proceedings begin in the Magistrates' Courts.

The District Court has both criminal and civil jurisdiction. In criminal matters, the District Court hears criminal cases other than serious offences such as murder, with a maximum possible sentence of up to 7 years' imprisonment. In civil matters, it hears contract, tort, land and other civil disputes where the amount of damages claimed or the subject matter of the claim exceeds HK$50,000 and does not exceed HK$1,000,000.

The High Court consists of the Court of First Instance and the Court of Appeal. The Court of First Instance has both appellate and original jurisdiction. Its appellate jurisdiction includes criminal appeals from the Magistrates' Courts, while its original jurisdiction allows it to hear serious criminal cases and all civil cases as a court of first instance. The Court of Appeal hears criminal and civil appeals from the Court of First Instance and the District Courts.

The Court of Final Appeal is the highest court in Hong Kong, established on July 1, 1997, replacing the Judicial Committee of the Privy Council during the British colonial era. The Court of Final Appeal handles appeals against civil and criminal judgments of the High Court, as well as other matters. The Court of Final Appeal hears important legal issues involving significant public affairs and constitutional questions.

 How judges are selected in Hong Kong

Over 90% of judges in Hong Kong are appointed from among barristers, with at least five years of practice experience, and most have more than five years. The higher the level of the court, the greater the caliber, seniority, and prestige of its judges, forming a structure much like a pyramid.

 How court trials are conducted in Hong Kong and the neutrality of judges

Common law is a systematic legal system developed from countless cases. Trials follow an adversarial system, ensuring equality between the prosecution and defense. Judges are neutral and passive, not directly involved in investigations, which positively contributes to ensuring fairness. During trials, the judge sits in the center of the bench, with lawyers from both sides seated at a long table in front of the judge. The defendant does not sit in the center facing the judge, as that would imply guilt, but stands to the side. The judge focuses solely on listening to evidence and arguments from both sides to render a verdict.

Judges have no privileges, only social status. A few years ago, there was a criminal case in Hong Kong. During the trial, the judge suddenly received a letter. He did not read it, but felt that it was related to the case he was hearing. After receiving this letter, he was very angry and called the lawyers for both the prosecution and the defense into his office. The judge told them that he had received a letter but had not read it. In Hong Kong, in all criminal cases, the police must appear in court, and the police officer in charge of the case must sit at the back to assist with the prosecution. When the court was in session, the judge announced that he had received this letter and handed it to the police prosecution officer. The judge understood this principle: when anyone wants to communicate with him, he would be very careful. During the trial of a case, do barristers communicate with the judge? Yes. Why do they need to communicate? For example, when a case reaches its later stage and a final submission is needed, generally the submission is written down and given to the judge and the opposing party. The two sides exchange their written submissions and file them with the court. A letter is written and given to the judge’s clerk. The clerk first takes a look at what it is, and only then passes it to the judge. Communication between lawyers and judges is always through the clerk. Therefore, when a judge receives a letter, he will be very careful, especially if it is a letter written to the court that relates to the judge’s position. If there is any doubt, he will make the matter public and let both sides know, so that transparency is higher. As a result, there is more trust and integrity.
 

 Wig

In Hong Kong legal dramas, we often see lawyers or judges wearing wigs. Why do they wear wigs? What is the significance of the wigs? The wigs are white, parted in the middle, and made up of circular curls. Wigs can be divided into two types: one is long enough to reach the shoulders, worn for special occasions such as ceremonies, like the annual Ceremonial Opening of the Legal Year; the other is shorter, covering only the top of the head, and is worn when hearing cases in court. The second type, the ordinary court wig, also has subtle differences depending on the judge’s level. This is because judges and lawyers are required not to appear adorned with jewelry in court; the idea is for everyone to look roughly the same, so the attire is more formal and darker in color. The purpose of the wig is for every person appearing in court to look the same, so that once outside, no one can tell who is who. Whether a judge or a barrister, in the courtroom, the person sitting there merely represents the law; personal appearance is not important. Everyone is there to administer justice, and the seating in the courtroom is regulated accordingly.