[6] In September 2015 the court relocated to the former (until 2011) Legislative Council Building, which was originally the colonial Supreme Court (1912–1985). The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. Should the Chief Justice or a permanent judge not be available, the other permanent judge or a non-permanent judge from Hong Kong may be called in. …replaced in 1875 by a Court of Appeal consisting of special appellate judges. The Court of Final Appeal was established on 1 July 1997 in Central, Hong Kong. Technically, should a non-permanent judge from outside Hong Kong be unable to attend due to extraordinary circumstances (such as during the COVID-19 pandemic), two non-permanent Hong Kong judges may sit on the court or sit via video conferencing. Final Appeal. The Court of Appeal is constituted by the Court of Appeal Act, R.S.B.C. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. Constitution. The controversial power of final interpretation of "national" law including the Basic Law is vested in the Standing Committee of the National People's Congress of China (NPCSC) by virtue of Article 158 of the Basic Law and by the Constitution of the PRC; however, "national" laws which are not explicitly listed in Annex III of the Basic Law are not operative in Hong Kong. A Bankruptcy Judge? A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. 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This is followed by the High Court (headed by a chief judge) and by district, magistrate, and special courts. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case. Judicial review in cases involving certain federal agencies or programs — for example, disputes over Social Security benefits — may be obtained first in a district court rather than a court of appeals. What is the court of final appeal ? The Honourable Mr Justice Roberto Alexandre Vieira RIBEIRO; The Honourable Mr Justice Joseph Paul FOK; The Honourable Mr Justice Andrew CHEUNG Kui-nung The Hong Kong Court of Final Appeal on Monday upheld the constitutionality of the face mask ban that Hong Kong Special Administrative Region (HKSAR) Chief Executive Carrie Lam imposed last year amid turmoil, rejecting a legal challenge by over 20 opposition figures in the city. Nowadays, it was used to house the Court of Final Appeal of Hong Kong. The HKSAR government then lodged an appeal against the ruling. Non-permanent judges from other jurisdictions do not sit on such panels. The Cheung Court began on 11 January 2021 (−5 days ago), when Andrew Cheung took over as the 3rd Chief Justice. Registrar's Hearings. Both the government and the opposition camp then appealed to the Court of Final Appeal. In 1907 a Court of Criminal Appeal was established, but it was merged into the Court of Appeal in 1966. The Court of Final Appeal of Hong Kong was housed in the Former French Mission Building until September 2015, Entrance of the Former French Mission Building, The Court of Final Appeal building seen from Chater Road before its renovation. Appeals The right of appeal is an important part of Hong Kong's legal system, for it allows a higher court to review the judgment of a lower court. Be precise and concise. This only occurs when the Court is low on non-permanent judges from Hong Kong, and is extended only to the most eminent and senior serving High Court justices. Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Filter by: Final Appeal Application for Leave (etc.) Then, walk along Jackson Road for about 2 minutes. 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. n. Abbr. The Court of Final Appeal has moved back to the former Legislative Council building on Jackson Road, complete with new logo. The judges have 90 days from the date the case is submitted to decide the appeal. Next . As the role of a non-permanent judge is not a full time role, a serving High Court judge may be appointed as a non-permanent judge concurrently, such as Vice-President Robert Tang and Vice-President Frank Stock, as they were then known. 1. 484 and by any other law. Other lower court or tribunal decisions may be appealed only by application for leave to appeal, i.e., with permission of the court. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict. Hong Kong's Court of Final Appeal: The Development of the Law in China's Hong Kong [Young, Simon N. M., Ghai, Yash] on Amazon.com. The highest federal court in the United States, consisting of nine justices and having jurisdiction over all other courts in the Trip.com provides tourists with Court of Final Appeal Building attraction address, business hours, brief introduction, open hours, nearby recommendation, restaurant, reviews etc. The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals. The Court of Appeal is the highest court in the province. 4 in Ireland, the Court of Final Appeal, created by Article 34 of the Constitution, consisting of a Chief Justice and other judges of whom five must sit on constitutional cases and three on others. 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. The Court of Final Appeal unanimously ruled in favour of Angus Leung Chun-kwong, a senior immigration officer who took the government to court after being unequally treated by … A divisional court hears appeals from magistrates on points of law. Concurrent jurisdiction. Similarly, if a permanent judge is unable to sit, a non-permanent Hong Kong judge will sit in place of that permanent judge. Information, listings, legal guidance, speeches, biographies of the judges, judgments and history of the court. Hearing; Registrar's Hearings; Registrar's Hearings; Forthcoming Hearings Today. Instances of Article 158 interpretations are as follows: From its inception in July 1997 until September 2015, the court was located in the Former French Mission Building, in Central. Article 158 delegates such power to the courts of Hong Kong for interpretation while handling court cases. A court's authority to hear and decide a case is known as: Judiciary Act of 1789. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. Court of Final Appeal (2010) Divorce and dissolution of marriage, Property and inheritance rights. To reach the building, exit off Central MTR Station Exit J1. The court considered the amount of assets a wife was entitled to in a divorce proceeding. Other articles where Court of Final Appeal is discussed: Hong Kong: Constitutional framework: …in the judiciary is the Court of Final Appeal, headed by a chief justice. A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. All appeal cases are heard by a bench of five judges consisting of the Chief Justice, three permanent judges and a non-permanent judge from another common law jurisdiction. Prev. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. It has jurisdiction in respect of matters conferred on it by the Hong Kong Court of Final Appeal Ordinance, Cap. The appellate court's decision will become final in 30 days unless any of the parties disagrees with the opinion and files a certain kind of petition. Most appeals are final. Appeals are decided by panels of three judges working together. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit. Final court of appeal synonyms, Final court of appeal pronunciation, Final court of appeal translation, English dictionary definition of Final court of appeal. Each side is given a short time — usually about 15 minutes — to present arguments to the court. Read Understanding the Federal Courts. Forthcoming Final Appeal Hearing; Forthcoming Leave Application (etc.) Learn about processes, court culture, and landmark cases. The Court of Final Appeal has no original jurisdiction; an appeal has to originate from the High Court (either from the Court of Appeal or the Court of First Instance). Application for Leave (etc.) Court of Final Appeal (Hong Kong) The Hong Kong Court of Final Appeal (Chinese: 香港終審法院) is the final appellate court of Hong Kong. That means the decisions made by the 12 Circuit Courts of Appeals across the country and the Federal Circuit Court are the last word in thousands of cases. If the Chief Justice does not sit in an appeal, a permanent judge is designated to sit in the Chief Justice's place, and a non-permanent judge from Hong Kong will sit on the court as well. Jurisdiction. In this type of case, both federal and state courts have jurisdiction. Want to further develop your knowledge of the federal courts? The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Different types of cases are handled differently during an appeal. Case information is updated once an hour throughout the business day. The judges of this court exercise great care in reviewing the decisions of the lower courts and tribunals, against which complaints are made. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. The chief executive appoints all judges, although judges of the Court of Final Appeal and the chief… The Court of Final Appeal has been based at 8 Jackson Road since 7 Sept 2015; the building is the former home of the Legislative Council of Hong Kong and the Supreme Court of Hong Kong, Hong Kong Court of Final Appeal building at night from Prince's Building, Plaque beside the entrance of the Court of Final Appeal. *FREE* shipping on qualifying offers. Registrar's Hearings. I will consider each and every case and mete out judgement accordingly! The Supreme Court, however, does not have to grant review. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Court of Appeal of the High Court ruled in April that the enactment by the government is constitutional and the anti-mask law is partially constitutional. State your case in the box on the right. The power to exercise sovereignty over Hong Kong was transferred from the United Kingdom to the People's Republic of China on 1 July 1997. From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. This will establish a national Supreme Court. Supreme Court says no to first and probably last high court appeal of 2020 presidential election ... Dec. 8 marks the date when a state’s results are deemed to be set and final. The clerk of the court will mail you a notice of that decision. (Most states call their highest court "Supreme Court," though Maryland and New York call theirs the "Court of Appeals.") The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. Final Court of Appeal Tuesday, October 22, 2019. Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. Step inside the U.S. Courts of Appeals. Review in these courts, however, is discretionary with the court. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. It hears appeals from the Supreme Court, from the Provincial Court on some criminal matters, and reviews and appeals from some administrative boards and tribunals. Generally, decisions from final orders of a circuit court or probate court, as well as some agency orders, may be appealed to the court as a matter of right. Most appeals are final. Today I share thoughts from Episcopal priest and CAC faculty member Cynthia Bourgeault on an important question, “What does the Bible say about sexual orientation?” For the record, I couldn’t agree more with her response, so I will allow her words to stand on their own. The Hong Kong Court of Fina… After Appealing a Court Decision. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. The Court of Appeal is the highest court within the Senior Courts of England and Wales, and deals only with appeals from other courts or tribunals. Court of Appeal. The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. Apart from the chief justice and the three permanent judges, the Court of Final Appeal, to form its quorum of five judges, is able to draw from a pool of non-permanent judges, not exceeding 30, who are either retired local judges or overseas judges from other common law jurisdictions. If someone has wronged you, state that person's name clearly. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." The wife appealed the lower court decision that one-third of the joint assets should go to her. There is also a Registrar attached to the Court of Final Appeal, to help with review of appeal applications and other administrative duties. Judges from other common law jurisdictions can be recruited and serve in the judiciary as non-permanent judges according to Article 92 of the Basic Law. L.K.W. Its homecoming, … Find Your Court. Several courts of appeals, however, have established a bankruptcy appellate panel consisting of three bankruptcy judges to hear appeals directly from the bankruptcy courts. The Court of Appeal came into being at the time of independence. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." v. D.D. Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. The party that loses in a state or federal appeals court may appeal to the state Supreme Court or the U.S. Supreme Court. 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. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. For jury duty, traffic tickets, or local court information, find your trial court: The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. Court Calendar . Court of Final Appeal Building attraction travel guidebook, Hong Kong must-visit attractions. The Supreme Court of the United States hears about 100 to 150 appeals of the more than 7,000 cases it is asked to review every year. This practice is highly controversial as it contradicts the power of final adjudication; the first time an interpretation occurred in 1999, all five judges (including the Chief Justice, all three permanent justices and one non-permanent justice) involved in the case reportedly considered quitting the top court in protest.[4]. Currently, 22 justices serve on the Cheung Court, including the Chief Justice, 3 Permanent Judges, and 18 non-permanent judges. An appeal of a ruling by a bankruptcy judge may be taken to the district court. Based on the one country, two systems principle, Hong Kong retains a high degree of autonomy and maintains its own legal system. Since then, it has served as the court of last resort; the court has the power of final adjudication with respect to the law of Hong Kong as well as the power of final interpretation over local laws including the power to strike down local ordinances on the grounds of inconsistency with the Basic Law.[2][3]. Prev. "court of final appeal" is a generic term that refers to the highest court whcih has jurisdiction of a particular matter. These information answers detailedly about what to visit in Hong Kong. Search Case Information. COURT OF FINAL APPEAL The Court of Final Appeal is the highest appellate court in the Hong Kong Special Administrative Region. The Court of Appeal. Judges appointed pursuant to Article 92 have served in the judiciaries of England and Wales, Australia, New Zealand, and Canada. Define Final court of appeal. Preserved as a historical monument, this building also represent as an icon of Hong Kong's judicial independence. 1996, c. 77. Listing View. In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. Aside from the Chief Justice, there is no nationality requirement for any of the permanent or non-permanent judges. Current Non-Permanent Judges from Hong Kong, Current Non-Permanent Judges from Other Common Law Jurisdictions, Former Non-Permanent Judges from Hong Kong, Former Non-Permanent Judges from Other Common Law Jurisdictions, Learn how and when to remove this template message, Judicial Officers Recommendation Commission, Chief Justice of the Court of Final Appeal, Prosecutions Division of the Department of Justice, power to exercise sovereignty over Hong Kong, Standing Committee of the National People's Congress of China, Dealing with an incomplete term of a Chief Executive, Legislative Council oath-taking controversy, Judge of the High Court of Justice/Court of First Instance, Permanent Judge of the Court of Final Appeal, Recorder of the High Court of Justice/Court of First Instance, Justice of the Supreme Court of the United Kingdom, President of the Supreme Court of the United Kingdom, Deputy President of the Supreme Court of the United Kingdom, Judge of the Court of Appeal of New Zealand, President of the Court of Appeal of New Zealand, Justice of the Supreme Court of New Zealand, Permanent Judges of the Court of Final Appeal, Chief Judge of the High Court of Hong Kong, "Court Services & Facilities – Court of Final Appeal", "All city's top judges 'considered quitting, "The decision by the Court of Final Appeal to seek an interpretation of the Basic Law from the Standing Committee of the National People's Congress regarding the controversy of state immunity raised in the debt litigation of the Democratic Republic of Congo", "Finance Committee – Public Works Subcommittee (Papers) 8 Nov 95", "Appointments of non-permanent judge from another common law jurisdiction of the Court of Final Appeal and the Chief Judge of the High Court", "Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal", "REVOCATION OF APPOINTMENT OF JUDGE FROM ANOTHER COMMON LAW JURISDICTION OF THE HONG KONG COURT OF FINAL APPEAL", Hong Kong Judiciary website page on Court of Final Appeal, Justices of the Court of Final Appeal (Hong Kong), https://en.wikipedia.org/w/index.php?title=Court_of_Final_Appeal_(Hong_Kong)&oldid=998817984, Articles needing additional references from June 2009, All articles needing additional references, Articles containing Chinese-language text, Creative Commons Attribution-ShareAlike License, 70 for the Chief Justice and Permanent Judges, but this may be extended by two three-year terms, meaning retirement age can be extended to 76; no retirement age for non-permanent judges, One Chief Justice, at least three permanent judges and at most 30 non-permanent judges, 2004: Modifying the process of electoral reforms regarding the election of the Hong Kong Chief Executive (, 2011: State immunity and the jurisdiction of Hong Kong courts, 4 non-permanent judges from Hong Kong and 14 non-permanent judges from other common law jurisdictions, This page was last edited on 7 January 2021, at 04:57. 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