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Magistrates' court (Hong Kong)

Lowest criminal court of Hong Kong From Wikipedia, the free encyclopedia

Magistrates' court (Hong Kong)
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Magistrates' courts form the lowest tier of criminal courts in Hong Kong. They have criminal jurisdiction over a wide range of offences, and in general these offences must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. Their jurisdiction and sentencing powers are set out in the Magistrates Ordinance (Cap. 227).

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All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the District Court or the Court of First Instance depending on the seriousness of the crime.[2] Summary offences can only be tried in a magistrates' court,[3] while indictable-only and either-way offences are commonly transferred to the District Court or Court of First Instance for trial. The magistrates' courts are the busiest in Hong Kong, with a caseload of 379,547 in 2024.[4]

Cases are always heard before a single magistrate, who must have qualified as a barrister or solicitor either in Hong Kong or in another common law jurisdiction and have had substantial professional experience. Defendants may be represented by a solicitor or barrister, and may seek advice from duty lawyers stationed in the courts.

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Parties and proceedings

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Defence lawyers

Legal aid is not available for proceedings in the magistrates' courts; instead, the publicly-funded Duty Lawyer Service provides legal representation by qualified lawyers in private practice for eligible defendants.[5]

Barristers and solicitors have equal rights of audience before the magistrates' courts. As such, solicitors can be commonly found performing advocacy duties where a barrister would otherwise be instructed.

Lawyers appearing in the magistrates' courts do not have to wear court dress, and typically appear in business attire.

Prosecutors

Cases in the magistrates' courts are prosecuted by government counsel, barristers or solicitors in private practice prosecuting on fiat, or lay "court prosecutors", who are not required to be legally qualified.

The magistrates' courts are the only courts in Hong Kong that involve the participation of lay prosecutors, known as court prosecutors, who prosecute the majority of cases in these courts.[6] Court prosecutors were introduced in 1976 to take over the role of police inspectors in prosecuting cases before the magistrates. While court prosecutors are not required to have legal qualifications, a small number do, and all court prosecutors are required to undergo a 9-month training programme on advocacy skills, the rules of evidence, substantive law, and prosecutorial ethics.[7] As of 2015, there were 80 court prosecutors, 31 of which had obtained a PCLL or LLB equivalent, and 6 of which were fully qualified solicitors or barristers.[8]

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Magistrates

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Appointment and retirement

Magistrates are judicial officers appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission. Since 2019, the retirement age for magistrates is 65.[9]

Status, style and dress

Magistrates are not judges; only those sitting in the District Court or above are known as judges. Magistrates may be addressed as your Worship, and typically wear a closed black gown, a wing collar, and bands while sitting in court. Magistrates do not wear wigs in court.

Types of magistrates

Chief Magistrate

The Chief Magistrate is the court leader and is responsible for the overall administration of the magistrates' courts.

Principal magistrate

A principal magistrate is in charge of one of the seven magistrates' courts.

Permanent magistrate

A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts.

The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court[10] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal.[11][12][13] The Chief Justice also appoints a number of permanent magistrates to sit as Presiding Officers in the Labour Tribunal and Adjudicators in the Small Claims Tribunal.[14][15]

Special magistrate

A special magistrate is also a full-time magistrate, but is assigned to deal with various kinds of departmental summons including minor offenses such as traffic contraventions. Their sentencing power is limited to a maximum fine of HK$50,000 or as specified in their warrants of appointment.

Deputy magistrate / deputy special magistrate

A deputy magistrate or deputy special magistrate is assigned by the Chief Justice for such period and on such terms as the chief justice thinks fit. This makes additional manpower available to the magistrates' courts while also giving eligible persons experience on the bench, before the magistrate commits to a full-time posting or returns to private practice.

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List of magistrates

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Chief Magistrate

  • Mr SO Wai-tak, Victor

Principal magistrates

Permanent magistrates

The current permanent magistrates (as at 1 January 2023) are (ranked according to seniority):

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List of chief magistrates since 1997

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List of magistrates' courts

Existing magistrates' courts

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Former magistrates' courts

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See also

Notes

  1. [N 1]
    Previously sat as District Court Registrar,[16] a Deputy District Judge and Presiding Officer of the Lands Tribunal.[17]
  2. [N 2]
    Sitting as a Deputy District Judge until 9 June 2023.[18] Previously sat as a Coroner.[19]
  3. [N 3]
    Previously sat as a Deputy District Judge[20]
  4. [N 4]
    Previously sat as a Deputy District Judge[21]
  5. [N 5]
    Sitting as a District Court Master until 30 June 2023.[22] Previously sat as a Deputy District Judge.[23]
  6. [N 6]
    Previously sat as a High Court Master[24] and as a Deputy District Judge.[25]
  7. [N 7]
    Previously sat as a Deputy District Judge[26]
  8. [N 8]
    Sitting as a Deputy District Judge until 30 June 2023.[27] Previously sat as a Coroner.[28]
  9. [N 9]
    Sitting as a Deputy District Judge in the Family Court until 11 August 2023[29]
  10. [N 10]
    Sitting as a Deputy District Judge until 12 May 2023.[30] Previously sat as Principal Adjudicator (Acting) of the Small Claims Tribunal.[31]
  11. [N 11]
    Previously sat as a Deputy District Judge[32]
  12. [N 12]
    Previously sat as a Deputy District Judge[33]
  13. [N 13]
    Previously sat as a Deputy District Judge in the Family Court[34]
  14. [N 14]
    Sitting as a Deputy District Judge until 3 February 2023[35]
  15. [N 15]
    Sitting as a Deputy District Judge until 4 March 2023[36]
  16. [N 16]
    Sitting as a Deputy District Judge until 30 June 2023[37]
  17. [N 17]
    Previously sat as a Deputy District Judge[38]
  18. [N 18]
    Sitting as Deputy District Judge until 1 September 2023.[39] Previously sat as Principal Presiding Officer (Acting) of the Labour Tribunal and as a Deputy District Judge in the Family Court.[40]
  19. [N 19]
    Sitting as a Labour Tribunal Presiding Officer.[41] Previously sat as a Deputy District Judge.[42]
  20. [N 20]
    Previously sat as a Deputy District Judge[43]
  21. [N 21]
    Sitting as a Deputy District Judge in the Family Court until 13 May 2023.[44] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal[45] and as a District Court Master.[46]
  22. [N 22]
    Sitting as a Deputy District Judge until 9 June 2023.[47] Previously sat as a District Court Master.[48]
  23. [N 23]
    Previously sat as a Deputy District Judge[49]
  24. [N 24]
    Sitting as a High Court Master until 20 March 2023.[50] Previously sat as a Deputy District Judge in the Family Court.[51]
  25. [N 25]
    Previously sat as a District Court Master[52]
  26. [N 26]
    Sitting as a Deputy District Judge and Presiding Officer of the Lands Tribunal until 5 May 2023.[53] Previously sat as a High Court Master[54] and as a District Court Master.[55]
  27. [N 27]
    Previously sat as a Deputy District Judge in the Family Court[56] and as a Coroner.[57]
  28. [N 28]
    Sitting as a District Court Master until 17 March 2023.[58] Previously sat as a Small Claims Tribunal Adjudicator[59]
  29. [N 29]
    Sitting as a High Court Master until 16 July 2023.[60] Previously sat as Principal Presiding Officer of the Labour Tribunal[61] and as a Deputy District Judge.[62]
  30. [N 30]
    Previously sat as a Deputy District Judge[63]
  31. [N 31]
    Previously sat as a Deputy District Judge[64]
  32. [N 32]
    Sitting as a High Court Master until 15 May 2023.[65] Previously sat as a Deputy District Judge in the Family Court[66] and as a District Court Master.[67]
  33. [N 33]
    Sitting as a Deputy District Judge in the Family Court until 15 September 2023.[68] Previously sat as a District Court Master.[69]
  34. [N 34]
    Sitting as a Coroner.[70] Previously sat as a High Court Master[71] and a Deputy District Judge.[72]
  35. [N 35]
    Sitting as District Court Registrar until 12 May 2023.[73] Previously sat as a Deputy District Judge and Presiding Officer of the Lands Tribunal.[74]
  36. [N 36]
    Sitting as a Deputy District Judge until 31 March 2023[75]
  37. [N 37]
    Sitting as a Deputy District Judge until 30 June 2023.[76] Previously sat as a Coroner.[77]
  38. [N 38]
    Sitting as a Deputy District Judge until 2 June 2023.[78] Previously sat as a District Court Master.[79]
  39. [N 39]
    Previously sat as a Deputy District Judge[80]
  40. [N 40]
    Sitting as Deputy District Judge until 8 September 2023.[81]
  41. [N 41]
    Sitting as a High Court Master until 27 September 2023.[82]
  42. [N 42]
    Sitting as a Deputy District Judge until 30 June 2023.[83] Previously sat as a District Court Master.[84]
  43. [N 43]
    Sitting as a High Court Master until 30 November 2023.[85] Previously sat as a District Court Master.[86]
  44. [N 44]
    Sitting as a Coroner[87]
  45. [N 45]
    Sitting as a District Court Master until 22 September 2023.[88] Previously sat as a Small Claims Tribunal Adjudicator.[89]
  46. [N 46]
    Sitting as a District Court Master until 22 April 2023[90]
  47. [N 47]
    Sitting as a District Court Master until 2 June 2023.[91] Previously sat as a Labour Tribunal Presiding Officer.[92]
  48. [N 48]
    Sitting as a Labour Tribunal Presiding Officer[93]
  49. [N 49]
    Sitting as a District Court Master until 9 June 2023.[94] Previously sat as a Small Claims Tribunal Adjudicator.[95]
  50. [N 50]
    Sitting as a Small Claims Tribunal Adjudicator[96]
  51. [N 51]
    Sitting as a District Court Master until 28 April 2023.[97] Previously sat as a Labour Tribunal Presiding Officer.[98]
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References

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