Court of Final Appeal (Hong Kong)


The Hong Kong Court of Final Appeal is the final appellate court of Hong Kong. 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. As defined in the Basic Law of Hong Kong, the Court of Final Appeal is constitutionally allowed to exercise its judicial powers free from interference. The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the functions and procedures of the court.

Role of the Court

From the 1840s to 1 July 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. 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. Based on the one country, two systems principle, Hong Kong retains its a high degree of autonomy and maintains its own legal system. The Court of Final Appeal was established on 1 July 1997 in Central, Hong Kong. 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.

Court Structure

The Court of Final Appeal has no original jurisdiction; an appeal has to originate from the High Court. Under the Basic Law, the constitutional document of Hong Kong, the special administrative region remains a common law jurisdiction. 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. Judges appointed pursuant to Article 92 have served in the judiciaries of England and Wales, Australia, New Zealand, and Canada. Aside from the Chief Justice, there is no nationality requirement for any of the permanent or non-permanent judges.

Allowing an Appeal

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. 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. Non-permanent judges from other jurisdictions do not sit on such panels.
There is also a Registrar attached to the Court of Final Appeal, to help with review of appeal applications and other administrative duties.

Hearing an Appeal

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. 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. Similarly, if a permanent judge is unable to sit, a non-permanent Hong Kong judge will sit in place of that permanent judge. Technically, should a non-permanent judge from outside Hong Kong be unable to attend due to extraordinary circumstances, two non-permanent Hong Kong judges may sit on the court or sit via video conferencing.
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 Tang and Vice President Stock, as they were then known. 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.

Article 158 Interpretation Controversy

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 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.
Article 158 delegates such power to the courts of Hong Kong for interpretation while handling court cases. Although this arrangement has attracted criticism of "undermining judicial independence", an interpretation by the NPCSC does not affect any court judgments already rendered. This practice is highly controversial as it contradicts the power of final adjudication; the first time an interpretation occurred in 1999, all five judges involved in the case reportedly considered quitting the top court in protest.
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. In September 2015 the court relocated to the former Legislative Council Building, which was originally the colonial Supreme Court.

List of Permanent Judges

Chief Justices">Chief Justice of the Court of Final Appeal">Chief Justices

Permanent Judges">Permanent Judges of the Court of Final Appeal">Permanent Judges

The following appointments have been made by the Chief Executive, based on the recommendation of the Judicial Officers Recommendation Commission, and either pending approval of the Legislative Council or awaiting effective date:

Current Non-Permanent Judges from Hong Kong

No.NameChinese nameAppointed byTook officeTenure lengthPrevious judicial offices
1Frank Stock, GBS司徒敬Donald Tsang1 September 2010Deputy High Court Judge
Judge of the High Court of Justice/Court of First Instance
Justice of Appeal of the Court of Appeal
Vice-President of the Court of Appeal
2Syed Kemal Shah Bokhary, GBM包致金Leung Chun-ying25 October 2012Judge of the High Court of Justice
Justice of Appeal of the Court of Appeal
Permanent Judge of the Court of Final Appeal
3Patrick Chan Siu-oi, GBM陳兆愷Leung Chun-ying21 October 2013Judge of the District Court
Deputy Registrar of the Supreme Court
Judge of the High Court of Justice
Chief Judge of the High Court
Permanent Judge of the Court of Final Appeal
4Robert Tang Kwok-ching, GBM, SBS鄧國楨Carrie Lam25 October 2018Deputy District Judge
Deputy High Court Judge
Recorder of the High Court of Justice/Court of First Instance
Judge of the Court of First Instance
Justice of Appeal of the Court of Appeal
Vice-President of the Court of Appeal
Non-Permanent Judge of the Court of Final Appeal
Permanent Judge of the Court of Final Appeal

Current Non-Permanent Judges from Other Common Law Jurisdictions

No.JurisdictionNameChinese nameAppointed byTook officeTenure lengthPrior most senior judicial role
1 United KingdomLord Hoffmann, GBS賀輔明勳爵Tung Chee-hwa12 January 1998Lord of Appeal in Ordinary
2 United KingdomLord Millett, GBM苗禮治勳爵Tung Chee-hwa28 July 2000Lord of Appeal in Ordinary
3 AustraliaAnthony Murray Gleeson紀立信Donald Tsang1 March 2009Chief Justice of Australia
4 United KingdomLord Walker of Gestingthorpe, GBS華學佳勳爵Donald Tsang1 March 2009Justice of the Supreme Court of the United Kingdom
5 United KingdomLord Neuberger of Abbotsbury, GBS廖柏嘉勳爵Donald Tsang1 March 2009President of the Supreme Court of the United Kingdom
6 United KingdomLord Collins of Mapesbury郝廉思勳爵Donald Tsang30 June 2011Justice of the Supreme Court of the United Kingdom
7 United KingdomLord Phillips of Worth Matravers范理申勳爵Leung Chun-ying1 October 2012President of the Supreme Court of the United Kingdom
8 AustraliaJames Jacob Spigelman施覺民Leung Chun-ying29 July 2013Chief Justice of New South Wales
9 AustraliaWilliam Montague Charles Gummow甘慕賢Leung Chun-ying29 July 2013Justice of the High Court of Australia
10 AustraliaRobert Shenton French范禮全Leung Chun-ying31 May 2017Chief Justice of Australia
11 United KingdomLord Reed of Allermuir韋彥德勳爵Leung Chun-ying31 May 2017President of the Supreme Court of the United Kingdom
12 United KingdomBaroness Hale of Richmond何熙怡女男爵Carrie Lam30 July 2018President of the Supreme Court of the United Kingdom
13 CanadaBeverley Marian McLachlin麥嘉琳Carrie Lam30 July 2018Chief Justice of Canada
14 United KingdomLord Sumption岑耀信勳爵Carrie Lam18 December 2019Justice of the Supreme Court of the United Kingdom

Former Non-Permanent Judges from Hong Kong

No.NameChinese nameTook officeLeft officeTenure lengthPrior most senior local judicial role
1Sir Denys Tudor Emil Roberts, KBE羅弼時爵士fo28 July 1997
27 July 2003Chief Justice of the Supreme Court
2Sir Alan Armstrong Huggins赫健士爵士28 July 1997
27 July 2003Vice-President of the Court of Appeal
3Neil Macdougall麥德高28 July 1997
27 July 2003Justice of Appeal of the Court of Appeal
4Art Michael McMullin麥慕年28 July 1997
27 July 2003Justice of Appeal of the Court of Appeal
5Sir Derek Cons康士爵士28 July 1997
27 July 2006Vice-President of the Court of Appeal
6Philip Gerard Clough郭樂富28 July 1997
27 July 2006Justice of Appeal of the Court of Appeal
7William James Silke邵祺28 July 1997
27 July 2009Vice-President of the Court of Appeal
8Kutlu Tekin Fuad傅雅德28 July 1997
27 July 2009Vice-President of the Court of Appeal
9Sir Noel Plunkett Power, GBS鮑偉華爵士28 July 1997
19 November 2009Vice-President of the Court of Appeal
10Gerald Paul Nazareth, GBS黎守律28 July 1997
27 July 2012Vice-President of the Court of Appeal
11John Barry Mortimer, GBS馬天敏28 July 1997
27 July 2015Vice-President of the Court of Appeal
12Henry Denis Litton, GBM烈顯倫14 September 200013 September 2015Permanent Judge of the Court of Final Appeal
13Charles Arthur Ching, GBM沈澄7 October 200030 November 2000Permanent Judge of the Court of Final Appeal
14Robert Tang Kwok-ching, GBM, SBS鄧國楨1 September 201024 October 2012Vice-President of the Court of Appeal
15Michael John Hartmann, GBS夏正民1 September 201031 August 2016Justice of Appeal of the Court of Appeal

Former Non-Permanent Judges from Other Common Law Jurisdictions