Young, the university of hong kong, yash ghai, the university of hong kong. The bulletins include decisions of the supreme court of the united kingdom, the supreme court of canada, the supreme court of the united states, the constitutional court of south africa, the supreme court of new zealand and the hong kong court of final appeal. Try searching on jstor for other items related to this book. China resumed sovereignty of hong kong in 1997 with the undertaking that there. The court of appeal of newfoundland and labrador has jurisdiction to hear appeals in criminal, civil and family law matters from the supreme court of newfoundland and labrador general division and family division, provincial court indictable offences and designated boards and administrative tribunals. Court of final appeal hong kong project gutenberg self. Acted for defendants in appeal to hong kong court of final appeal in. The development of the law in chinas hong kong young, simon n. The admissibility of evidence obtained in breach of. To obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications.
Acting as uk legal expert for grenfell tower victims and their families in the us proceedings against the manufacturers of the cladding used on the tower. Court of final appeal library and 10,000 volumes in the district court library. Hong kong s authorised official law report focusing on court of final appeal decisions. Pdfs available to download exactly as they appear in print. In democratic republic of the congo v fg hemisphere associates 2011 hkcfa 41 fg hemisphere, the hong kong court of final appeal cfa held that absolute sovereign immunity applies in hong kong. Judge of the district court 19871991, deputy registrar of the high court 19911992, judge of the high court 19921997, chief judge of the high court 19972000, permanent judge of the hong kong court of final appeal 20002012 the right honourable the lord collins of mapesbury. Canada the federal court stated that it was not prepared to read into the immigration scheme an obligation on officials to give advice on practice and procedures. China has granted hong kong a high degree of autonomy through the basic law under the principle of. The court of appeal of the high court of hong kong is the second most senior court in the hong kong legal system. In volume 2, the revised rules of the district court are accompanied by extensive commentary drawing from materials referred to in the revision of halsburys laws of hong kong, the final report of the chief justices working party on civil justice reform 2004, practice directions, the english civil procedure rules and reference cases. Yash ghai and simon young have succeeded in bringing out an excellent book, an indispensable guide to the working of the judiciary in hong kongs new. Enforcement of judgments and arbitral awards in hong kong.
Generally, an appellate court s judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court s determination that the action appealed from should be affirmed, reversed, remanded or modified. The fundamental principle is that the authentic and the only authentic version of a judgment is the one in the language in which the judgment is delivered, be it english or chinese. An overview of the hong kong court of final appeal ordinance cap. It was established on 1 july 1997, upon the establishment of the hong kong special administrative region, replacing the judicial committee of the privy council as the highest judicial institution under hong kong law. A fee may be charged upon approval of the application.
In the years since it was established on 1 july 1997, hong kong s court of final appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. The 1984 sinobritish joint declaration on the question of hong kong and the sars charter, the basic law of the sar also known as the basic law, specify that the sar enjoys a high degree of autonomy under the one country, two systems framework except in matters of defense and foreign affairs. A general overview of hong kongs interpretation and general. Qatar, the european court of human rights, the european court of justice, the hong kong court of final appeal, the irish high court and a number of english courts, from the high court to the house of lords and the supreme court. Successive interventions by beijing in hong kong s legal and political affairs have given rise to fears about the loss of the rule of law and loss of identity. The purpose of this note is to set out the policy of the judiciary on the translation of judgments. English no icc0118 date international criminal court. Request for newrevised forms requests to amend andor create a district court, circuit court, or joint form should be submitted on form ccdc076, judiciary new and revised form request. The defendant has submitted its first statement on the substance of the dispute acknowledgement of service and application for extension of time for filing the defence not. Annotated ordinances of hong kong lexisnexis hong kong. The registrar carries out his judicial and administrative duties set out in the hong kong court of final appeal ordinance, its subsidiary rules and practice directions.
The objective is to better understand the legal principles which form the foundation of the threeelement admissibility test formulated by bokhary pj in the court of final appeals decision in hksar v muhammad riaz khan. Hong kong is a special administrative region sar of the peoples republic of china prc. Why the nsa whistleblower fled to hong kong the man who leaked the nsa secrets to the guardian newspaper says hong kong is one of the few places that both could and would resist. The situation of giving advice is markedly different from those court decisions which have held that officials must provide prospective applicants with the necessary forms. The administration of civil justice in england and wales provides information of how both criminal and civil law is administered. Overseas decisions bulletin high court of australia. Newly added judgments are judgments uploaded in the last six working days to obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications. China includes tibet, hong kong, and macau hong kong. Whether an appeal is allowed or not is determined by a panel of three hong kong judges, usually the chief justice and two other permanent judges. Annotated ordinances of hong kong is one of the most useful legal resource as each section of the legislation is described, defined, interpreted, explained and referenced to the detail. The hong kong court of final appeal held that the trigger for cover under the extension to that policy was the requirement to notify the disease to the relevant authority. Hong kongs interpretation statute hong kongs first interpretation statute was enacted on 22 may 1867. To receive and handle complaints from hong kong residents. Court of final appeal hong kong news newspapers books.
It has jurisdiction conferred on it by the hong kong court of final appeal ordinance cap. As the historical account in the preceding chapters. Court of final appeal building attraction travel guidebook, hong kong mustvisit attractions. As of 20 the overseas decisions bulletin is available in pdf and rtf on the high court of australia web site. If a motion initiated jointly by onefourth of all the members of the legislative council charges the chief executive with serious breach of law or dereliction of resign, the council may, after passing a motion for investigation, give a mandate to the chief justice of the court of final. His work is wideranging covering all procedural steps that need to be taken in the appeal process prior to the formal hearing before the court, the appeal committee or a single permanent judge. In 2003, for example, some 500,000 people took to the streets to protest a government. The audience packed into the lecture theatre at the hong kong museum of medical sciences is. This article examines the admissibility test in hong kong for evidence obtained in breach of a defendants constitutional rights. Hfw covid19 briefing on business interruption issues. Hong kong courts, we have 182 copies of privy council appeal judgments dated before 1997. Twenty years ago, the court of final appeal made its landmark judgment in the right of abode case, but its power to overturn existing laws is questionable topic hong kong basic law. The hong kong courts have recently handed down landmark judgments on the application of crown immunity and sovereign immunity in hong kong. Former french mission building, the court of final appeal building from 1997 to 2015.
Nov 14, 2017 it is a rainy sunday afternoon on the last day of the 10day hong kong international literary festival. Newly added judgments are judgments uploaded in the last six working days. The chief justice of the court of final appeal geoffrey ma taoli inspects the guard of honour presented by the hong kong police forceat edinburgh place, during the ceremonial opening of the leal year 2011. The court of appeal hears appeals on criminal and civil matters from the court of first instance, the competition tribunal, the district court, the lands tribunal and various tribunals and statutory bodies by virtue of the ordinance. The registrar of the hong kong institute of certified public accountants complainant. It deals with appeals on all civil and criminal cases from the court of first instance and the district court. Court of final appeal building travel guidebook must. City of protest author talks of fears for hong kong at. The hong kong court of final appeal hkcfa or cfa is the final appellate court of hong. Check if you have access via personal or institutional login. Final appeals part i hong kongs court of final appeal. This section contains details of a number of relevant publications, including the hkcfa reports click here, speechesarticles by court of final appeal judges click here and a book on history of the hong kong judiciary click here. These include legal textbooks, case law reports, statutes, legislation. List of graded historical buildings in hong kong 6 jan 2007 from the antiquities and monuments office.
Soon, the first blows were struck against the rule of law via an npcsc ruling which overturned the judgment of the court of final appeal. Clarity on the impact of the arbitration amendment bill 2016, and the arbitration and mediation legislation third party funding amendment bill 2016, passed in june 2017, in this practical guide endorsed by geoffrey ma gbm qc sc, the chief justice of the hong kong court of final appeal. Canadian refugee procedureprinciples for the interpretation. The administration of civil justice in england and wales. The hong kong court will only refuse to stay the proceedings in one of the following situations. Please include any markups and supporting documentation, with your request to. These information answers detailedly about what to visit in hong kong. The joint declaration and the basic law specifically guarantee the establishment on 1 july 1997 of a hong kong based court of final appeal, and this replaced the judicial committee of the privy council in london as the final appellate court for hong kong. The court of last resort is the court of final appeal. An appellate court, commonly called an appeals court, court of appeals american english, appeal court british english, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. The court of final appeal has pointed out that the basic law of the hksar, which stipulates and. Guaranteed to be the highest level of quality and accuracy. A few questions about hong kongs historic right of abode.
Representing the former chief executive of the hong kong special administrative region in a criminal case defending charges of corruption and misconduct in public office from the high court to the court of final appeal, where the misconduct charge was eventually quashed. The secondary sources include law books, encyclopaedias, digests, periodicals, theses dissertations, dictionaries, directories. I have also appeared before a number of international arbitration tribunals, whether as expert or counsel. Feb 01, 2019 twenty years ago, the court of final appeal made its landmark judgment in the right of abode case, but its power to overturn existing laws is questionable topic hong kong basic law. Hfw crown immunity and sovereign immunity in hong kong.1308 635 880 682 1009 120 1514 1430 111 693 1141 945 245 1488 110 1569 1538 810 421 787 56 1078 1401 85 426 284 1069 622 628 402 254 509 542 464 699 910