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The Court of Final Appeal is the highest appellate
court in the Hong Kong Special Administrative Region.
It has jurisdiction in respect of matters conferred
on it by the Hong Kong Court of Final Appeal Ordinance, Cap. 484 and by any other law.
It hears appeals on civil and criminal matters from the High Court (the Court of Appeal and the Court of First Instance). |
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The powers of the Court of Final Appeal are set out
in section 17 of the Hong
Kong Court of Final Appeal Ordinance. This court
may confirm, reverse or vary the decision of the court
from which the appeal lies or may remit the matter with
its opinion to that court, or may make such other order
in the matter as it thinks fit. |
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- Appeals as of right from any final judgment of the
Court of Appeal, where the matter in dispute amounts
to or is worth $1 million or more.
- Appeals at the discretion of the Court of Appeal
or the Court of Final Appeal in any other civil matter
if, in the opinion of either court, the question involved
in the appeal is one which, because of its great general
or public importance, or otherwise, ought to be submitted
to the Court of Final Appeal for decision.
- Appeals, at the discretion of the Court of Final
Appeal from:
- any final decision of the Court of Appeal,
- any final decision of the Court of First Instance
(not being a verdict or finding of a jury) from
which no appeal lies to the Court of Appeal.
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Leave, i.e. permission, to appeal is required.
For civil appeals, no appeal shall be admitted unless
leave to appeal has been granted either by the Court
of Appeal or the Court of Final Appeal. Where an appeal
lies as of right, leave to appeal shall not be refused
but shall, in the first instance, be granted as conditional
leave.
For criminal appeals, no appeal shall be admitted unless
leave has been granted by the Court of Final Appeal.
Leave will only be granted if it is certified by the
Court of Appeal or the Court of First Instance (as the
case may be) that a point of law of great and general
importance is involved in the decision. Where the Court
of Appeal or the Court of First Instance declines to
certify, the Court of Final Appeal may so certify the
matter and grant leave to appeal. Where an applicant
relies only on the substantial and grave injustice ground,
he must apply directly to the Court of Final Appeal
for leave.
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An application for leave to appeal must be filed within
28 days from the date of the judgment or decision to
be appealed from. In the case of civil appeals, the
applicant must also give the opposite party 7 days'
notice of his intended application which may be given
at any time during the period of 28 days. |
Application for leave to appeal is heard by the Appeal
Committee, which usually consists of the Chief Justice
and two permanent judges, or three permanent judges
nominated by the Chief Justice. The decision of the
Appeal Committee shall be final and not itself subject
to appeal.
Where the Registrar is of the opinion that an application
discloses no reasonable grounds for leave to appeal,
or is frivolous or fails to comply with the Rules, he
may issue a summons to the applicant, calling upon him
to file written submissions and show cause before the
Appeal Committee why the application should not be dismissed.
The Appeal Committee may, after considering the matter,
order that the application be dismissed or give such
other directions as the justice of the case may require.
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An appeal is heard and determined by the Court of Final
Appeal, which is usually made up of the Chief Justice,
three permanent judges and either one non-permanent
Hong Kong judge or one judge from another common law
jurisdiction.
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Address: 1 Battery Path, Central, Hong Kong
Hotline Number: 2123 0123
Fax: 2121 0300
Whenever possible, the Judiciary will reply at once
to correspondence from members of the public. If that
is not possible, an interim reply will be provided within
10 days and a full response within 30 days of receipt.
Comments and suggestions for improving our services
are welcome. Please send them to the Judiciary Administrator
at the High Court, 38 Queensway, Hong Kong.
In order to maintain the impartial role of the Judiciary, our staff will not provide any legal advice or offer any comment on the conduct or merits of specific court cases and proceedings.
Please note that you should consult a legal practitioner or approach free legal advisory bodies for assistance if you require legal advice or assistance.
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Registry / Accounts Offices
| Monday to Friday |
9:00 a.m. to 1:00 p.m. |
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2:00 p.m. to 5:00 p.m. |
| Saturday |
9:00 a.m. to 12:00 noon |
| *(Closed on Public Holidays) |
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