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The Court of Final Appeal
is the highest court in Hong Kong that may hear
appeals. Its powers are derived from the Court
of Final Appeal Ordinance and by any other law.
It hears appeals on civil and criminal matters
from the High Court, i.e. the Court of Appeal
and the Court of First Instance.
The Court of Appeal hears
appeals on all civil and criminal matters from
the Court of First Instance and the District
Court. It also hears appeals from Lands Tribunal
and various Tribunals and Statutory Bodies.
The Court of First Instance
has unlimited jurisdiction in both civil and
criminal matters. It also hears appeals
from
Magistrates' Courts, the Small Claims Tribunal,
the Obscene Articles Tribunal, the Labour
Tribunal
and the Minor Employment Claims Adjudication
Board. For criminal trials, judges of the
Court
of First Instance sit with a jury of seven
(nine on the special direction of the judge).
The District Court hears
civil disputes of a value over $50,000 but
not more than $1 million. Its criminal jurisdiction
is limited to 7 years' imprisonment.
The Family Court deals mainly
with divorce cases and related matters such
as maintenance and the welfare of children.
There are seven Magistrates'
Courts. They exercise criminal jurisdiction
over a wide range of indictable and summary offences
meriting up to 2 years' imprisonment and a fine of
$100,000. However, a growing number of ordinances
give magistrates the power to impose sentences of
up to 3 years' imprisonment and substantially larger
fines (for some offences up to $5 million).
The Lands Tribunal deals
with cases arising from tenancy disputes and
matters in relation to building management.
The Tribunal also hears applications for the
determination of compensations caused by land
resumption, appeal against the assessment of
rateable value/ government rent or market value
of property under the Housing Ordinance.
The Labour Tribunal hears
cases where the amount of claim exceeds $8,000
for at least one of the claimants in a claim
or where the number of claimants in the claim
exceeds 10. Hearings are informal and no representation
by lawyers is allowed.
The Small Claims Tribunal
hears civil claims within its jurisdiction of up to
$50,000. Hearings are informal and no representation
by lawyers is allowed.
The Obscene Articles Tribunal
determines and classifies whether or not an
article or other matter publicly displayed is
obscene or indecent.
The Coroner's Court
conducts investigations and sometimes inquests into
the cause of death.
The Juvenile Court hears
charges against children and young persons under
the age of 16, except in cases of homicide.
It also has the jurisdiction to make care and
protection orders in respect of young persons
under the age of 18. It sits in the Eastern,
Kowloon City, Tsuen Wan, Fanling and Tuen Mun
Magistrates' Courts.
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