District Court (Hong Kong)


The District Court is the lower court system in Hong Kong, having both criminal and civil jurisdictions. It is located in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road. In the past there were six district courts, namely Victoria, Kowloon, :File:FanlingMagistratesCourtBuilding2.jpg|Fanling, :File:Tsuen Wan Magistracy.JPG|Tsuen Wan, :File:HK Tuen Mun Law Courts Tuen Hing Road.JPG|Tuen Mun and :File:HK Shatin Magistrates Courts View1.jpg|Sha Tin, before being amalgamated and moved to the same location in March 1991.

Jurisdiction

Civil jurisdiction

The District Court has limited civil jurisdiction. For a contract, quasi-contract or tort claim to be handled by the District Court, it should be for an amount over $50,000 but not more than $1 million. If the claim is more than $1 million, the claim can still be pursued in the District Court provided that the excess is abandoned. If the claim is $50,000 or less, an adverse costs order may be made against the winning plaintiff due to pursuing its claim in the wrong court.
Even if a claim does not exceed $1 million, provided that the defendant counterclaims for over $1 million, the claim and the counterclaim or just the counterclaim may be transferred to the Court of First Instance. For good reasons, the District Court may continue to handle the claim when the counterclaim exceeds $1 million, but a report has to be made to the High Court and the High Court may transfer the case.
As to claims for possession of land, the District Court can deal with buildings or premises the annual rent or rateable value or the annual value of which does not exceed $240,000.
If a claimant invokes the District Court's equity jurisdiction, the above limits are equally applicable, except that in proceedings related to land, the maximum value shall not exceed $3 million.
Distraint claims are handled by the District Court.

Criminal jurisdiction

The system is modelled after the English legal system, with indictable offences being taken up by the District Court if they are transferred from the magistrate's court. A District Court Judge sits alone without a jury.
The District Court hears all serious cases except murder, manslaughter and rape, and can impose a sentence of up to seven years. Cases are heard in either the Cantonese or English language.

Composition

Eligibility and appointment

A person who has practised for at least 5 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a Judge, Registrar or Master of the District Court.
District Judges, as well as the Registrar and Masters of the District Court, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission.
Limited-term or vacancy-filling Deputy District Judges may be appointed by the Chief Justice.
It is not uncommon for a person to sit as a short-term Deputy District Judge prior to appointment in a permanent capacity.
In 1986, Her Honour Judge Helen Lo was the first woman to be appointed as a District Judge.
District judges are mandated to retire at age 65.

Chief District Judge

The Chief District Judge is the Court Leader of the District Court.
The Judges who have held the position of Chief District Judge to date are:
No.NameTenure StartTenure EndTenure LengthReason for Tenure EndLater Most Senior Judicial Role
1Clare-Marie Beeson, SBS1 July 199730 November 1997Appointed Judge of the Court of First InstanceSame '
2Richard Neville Hawkes, BBS19 March 19991 July 2001RetiredNone '
3Barnabas Fung Wah, GBS16 May 200126 November 2006Appointed Judge of the Court of First InstanceSame
4Patrick Li Hon-leung2 July 200815 August 2012Appointed Judge of the Court of First InstanceSame
5Poon Siu-tung17 September 201213 January 2019Appointed Judge of the Court of First InstanceSame
6Justin Ko King-sau6 January 2020Incumbent

District Judges

District Judges are referred to as ‘His/Her Honour Judge ’.
The current Judges of the District Court are :
Chief District Judge
District Judges
Pursuant to a general power of appointment to vacancies or on a temporary basis under sections 10 and 37A of the High Court Ordinance, Cap. 4, the Chief Justice frequently makes short-term appointments of District Court judges to sit in the High Court as a Deputy Judge or Master.
All District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal. In practice, however, only certain District Judges are assigned to hear cases in the Lands Tribunal.

Deputy District Judges

The Chief Justice appoints on a temporary basis a number of Permanent Magistrates, retired judges and practitioners in private practice to sit as Deputy District Judges. A Deputy District Judge may exercise all the jurisdiction, powers and privileges of a District Judge.
All Deputy District Judges are, by virtue of their office, Presiding Officers of the Lands Tribunal. In practice, however, only certain Deputy District Judges are assigned to hear cases in the Lands Tribunal.

Forms of address

All Judges of the District Court are addressed in court as "Your Honour".
In court judgments and decisions, District Judges are referred to as 'His/Her Honour Judge ', 'HH Judge ' or 'HHJ '. Deputy District Judges are referred to as 'Deputy District Judge ' or 'DDJ '.