THE MAGISTRATES' COURTS

What charges do the Magistrates' Courts hear?

Magistrates' Courts hear a wide range of offences, both summary and indictable. The more serious indictable offences are referred to either the District Court or the Court of First Instance. All matters appear initially in the Magistrates' Courts. Most are disposed of at that level.

The normal maximum sentence is 2 years' imprisonment and a fine of $100,000. However the court may impose sentences of up to 3 years' imprisonment where there are two or more indictable offences being dealt with at the same time. Indeed under some Ordinances a single offence may carry 3 years' imprisonment and a fine of $5 million.

The Juvenile Court in the Magistrates' Courts hears charges against children and young persons under the age of 16, except where the charge is one of homicide. It may also make care or protection orders in respect of children or young people.

Minor offences such as hawking, traffic contraventions and littering are heard in the Magistrates' Courts by Special Magistrates. Special Magistrates cannot impose a prison sentence and the maximum fine is $50,000.

How are proceedings conducted?

All criminal proceedings commence in the Magistrates' Courts. If the defendant pleads guilty he / she will normally be sentenced on the same day. However if the court wishes to consider reports as to suitability for Probation, Community Service, Detention Centre, Rehabilitation Centre, Training Centre or Drugs Addiction Treatment Centre or a Hospital Order, then the case will be adjourned.

If the accused pleads "not guilty", a date will be fixed for trial.

An accused may act in person, instruct a lawyer to represent him or her, or apply to the Duty Lawyer Service. If he or she chooses to act in person, it is important to prepare the case carefully in all particulars, including the summoning of witnesses. On request, the Case Clerk will advise on the procedures for summoning witnesses.

Indictable offences commenced in the Magistrates' Courts will be transferred to the higher courts where:

• The Secretary for Justice applies to have a case transferred to the District Court.
• The Secretary for Justice applies to have a case committed to the Court of First Instance of the High Court. When the accused requests it, the Magistrate will conduct a preliminary inquiry. If the Magistrate considers that there is sufficient evidence to put the accused on trial before a jury, the accused will be committed to the Court of First Instance for trial. If the accused does not request a preliminary inquiry, he will be committed to the Court of First Instance for trial immediately or for sentence if he pleads "guilty".
• A case is transferred to the Court of First Instance by a Magistrate under the Complex Commercial Crimes Ordinance.

Trials in the Magistrates' Courts may be conducted in either Chinese or English.

Witnesses at risk, including children, people with mental handicap and witnesses in fear may give evidence via a video link television system.

What is the Duty Lawyer Service?

The Duty Lawyer Service provides legal representation to those charged with nearly all offences in the Magistrates' Courts, including the Juvenile Courts. It is jointly run by the Law Society of Hong Kong and the Hong Kong Bar Association.

Any accused who needs the service should go to the Court Liaison Office of the Magistrates' Courts concerned. However, the service will contact directly those accused in custody.

Applicants for the service must pass the merits and means tests. A handling charge of $420 ^[3] must be paid before the service takes up a case. No further payments are required. However, this fee can be waived if the defendant has poor means.

What opportunities are there for review and appeal?

If an accused is not satisfied with the determination of a Magistrate, he may apply to the Magistrate within 14 days after the determination to review the decision. If the Magistrate dismisses the review, the accused may appeal to the Court of First Instance. The notice of appeal should be lodged within 14 days after the dismissal of the review by the Magistrate.

The accused may also appeal to the Court of First Instance without first seeking a review. The notice of appeal must be lodged with the First Clerk within 14 days after determination.

Performance Pledge

• Cases will be dealt with within 60 days after the accused is asked how he or she pleads. For cases involving an accused in custody, the Magistrate will expedite the proceedings, normally dealing with the case within 45 days after taking the plea.
• Wherever possible, the Judiciary will reply at once to correspondence from members of the public. In any case, we will give an interim reply within 10 days and a full response within 30 days of receiving a letter.
• We welcome all comments and suggestions for improving our services. Please send them to the Judiciary Administrator at the High Court, 38 Queensway, Hong Kong.

No Legal Advice

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. However, they are happy to assist you with enquiries on court procedures. If you are in need of legal advice, please approach your solicitors or seek suitable legal advisory service.

Business Hours

Registries and Accounts Offices

• The Magistrates' Courts are adjourned and the Registries / Accounts Offices are closed when tropical cyclone signal No. 8 or a black rainstorm warning signal is issued.
• The Courts will resume hearing and the Registries / Accounts Offices will open as usual, if such signal or warning is cancelled before 6:00 a.m.
• The Courts will resume hearing and the Registries / Accounts Offices will open at 2:30 p.m. only if such signal or warning is cancelled between 6:00 a.m. and 11:00 a.m.
• The Courts will remain adjourned and the Registries / Accounts Offices will remain closed for the whole day if such signal or warning is cancelled after 11:00 a.m.
• If a case in which you are involved is affected by a tropical cyclone or rainstorm warning, you should listen to announcements on the radio and television about resumption of hearings and opening of the Registries / Accounts Offices. You may also call the Magistrates' Courts Registries to make enquiries.