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. |
|
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. |
|
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. |
[3] handling
charge is set by the Duty Lawyer Service and is subject to
change.
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. |
- 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.
|
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.
|
| Monday to Friday |
9:00 a.m. to 1:00 p.m. |
| |
2:00 p.m. to 5:00 p.m. |
| Saturday |
9:00 a.m. to 12:00 noon |
| (Closed on Sundays and Public Holidays) |
- The Magistrates' Courts and
the Registries /Accounts Offices will be closed when
tropical cyclone signal No. 8 or above or a black
rainstorm warning signal is issued.
- Hearings will be resumed and
the Registries /Accounts Offices will be opened as
usual in the morning if such signal is lowered or
cancelled at or before 6:00 a.m. on Monday to Friday
and Saturday.
- Hearings will be resumed at
2:30 p.m. if such signal is lowered or cancelled between
6:00 a.m. and 11:00 a.m. or at 11:00 a.m. on Monday
to Friday. The Registries /Accounts Offices will be
re-opened at the usual time in the afternoon.
- Hearings will remain adjourned
for the whole day and be resumed at 9:30 a.m. the
next day (including Saturday) which is not a public
holiday if such signal is lowered or cancelled after
11:00 a.m. on Monday to Friday or after 6:00 a.m.
on a Saturday.
- The Registries /Accounts Offices
may be re-opened in the afternoon as soon as practicable
subject to the circumstances prevailing at the time
if such signal is lowered or cancelled after 11:00
a.m. on Monday to Friday. However, they will remain
closed if such signal is lowered or cancelled 2 hours
or less before the normal closing hours on Monday
to Friday.
- The Registries /Accounts Offices will remain closed if such signal is lowered or cancelled after 6:00 a.m. on Saturday.
- Please note the announcements on radio and television by the Judiciary about the resumption of hearings and re-opening time of the Registries /Accounts Offices or you may view the announcement (upon issue) at the Government's Press Release webpage at http://www.info.gov.hk/gia/general/today.htm. You may also call the Magistrates’ Courts Registries to make enquiries.
|
|
