Hong Kong District Court

The District Court (in case citations, HKDC) is the intermediate court in Hong Kong, having limited criminal and civil jurisdictions.

The hierarchy of the Hong Kong judiciary from high to low is: the Court of Final Appeal, the High Court (consisting of the upper Court of Appeal and the lower Court of First Instance), the District Court, and magistrates' courts.

The District Court was first established in 1953 with the enactment of the District Court Ordinance,District Court Ordinance - Historical Laws of Hong Kong and is roughly equivalent to the County Court of England and Wales in terms of its civil jurisdiction. From 1991 to 2020, the court sat exclusively in the Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, until the increase in protest-related cases with large numbers of defendants necessitated some trials to be conducted in the West Kowloon Law Courts Building, the Eastern Law Courts Building, and the Tsuen Wan Law Courts Building instead.

Until March 1991, there were six district courts, namely Victoria, Kowloon, Fanling, Tsuen Wan, Tuen Mun and Sha Tin, before being amalgamated into the current single District Court

History

Jurisdiction Civil jurisdiction 18th of February, 1953. 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 HK$75,000 but not more than HK$3 million.District Court Ordinance (Cap. 336), Section 32(1) If the claim is more than HK$3 million, the claim can still be pursued in the District Court (instead of the Court of First Instance of the High Court) provided that the excess is abandoned.District Court Ordinance (Cap. 336), Section 34 If the claim is HK$75,000 or less, an adverse costs order may be made against the winning plaintiff due to pursuing its claim in the wrong court.

If the plaintiff's claim does not exceed HK$3 million, but the defendant counterclaims for over HK$3 million, the claim and the counterclaim (or the counterclaim only) may be transferred to the Court of First Instance of the High Court. For good reasons, the District Court may continue to handle the whole case even when the counterclaim exceeds HK$3 million, but a report has to be made to the High Court, which may order that the case be transferred.District Court Ordinance (Cap. 336), Section 41(3)-(6)

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 HK$320,000.District Court Ordinance (Cap. 336), Section 35

If a claimant invokes the District Court's equity jurisdiction, the above limits are equally applicable, except that in proceedings wholly relating to land, the maximum value shall not exceed HK$7 million.District Court Ordinance (Cap. 336), Section 37

Distraint claims are handled by the District Court.

The District Court has exclusive jurisdiction to determine claims for compensation payable under the Employees' Compensation Ordinance (Cap. 282), regardless of the amount.Employees' Compensation Ordinance (Cap. 282), Sections 18A(1) and 21 Such claims are governed by the Employees' Compensation (Rules of Court) Rules (Cap. 282B)Employees' Compensation (Rules of Court) Rules (Cap. 282B) and Practice Direction 18.2.Practice Direction – 18.2 (The Employees' Compensation List)

The District Court has exclusive jurisdiction to deal with claims made under the Sex Discrimination Ordinance (Cap. 480),Sex Discrimination Ordinance (Cap. 480), Section 76 the Disability Discrimination Ordinance (Cap. 487),Disability Discrimination Ordinance (Cap. 487), Section 72 the Family Status Discrimination Ordinance (Cap. 527)Family Status Discrimination Ordinance (Cap. 527), Section 54 and the Race Discrimination Ordinance (Cap. 602).Race Discrimination Ordinance (Cap. 602), Section 70 Such claims are governed by the District Court Equal Opportunities Rules (Cap. 336G)District Court Equal Opportunities Rules (Cap. 336G) and Practice Direction SL8.Practice Direction – SL8 (The Equal Opportunities List)

The District Court has jurisdiction to handle claims by the Inland Revenue Department against defaulting taxpayers to recover outstanding tax due to the Government, regardless of the amount.Inland Revenue Ordinance (Cap. 112), Section 75 The District Court also hears appeals from taxpayers against assessments by the Collector of Stamp Duty.Stamp Duty Ordinance (Cap. 117), Section 14

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.

The District Court hears all serious cases except murder, manslaughter rape and dangerous drug cases where large quantities of drugs have been seized, and can impose a sentence of up to seven years. Cases are heard in either the Cantonese or English language.

A District Court Judge sits alone without a jury. From its establishment in 1953 there have been no juries in the district court. The Attorney General at the time the District Court Ordinance was passed, Arthur Ridehalgh, explained to the Legislative Council that juries were "not infallible" and only a "means to an end" and that every practitioner will have come across cases where a verdict of not guilty was either a "stupid or perverse one." Judges would be required to give reasons for verdict would should be sufficient safeguard.Hong Kong Legislative Council. Official Report of Proceedings. Meeting of 14th January, 1953.

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 Court Ordinance (Cap. 336), Sections 5 and 14AAHong Kong Basic Law, Article 92

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 (JORC).Hong Kong Basic Law, Articles 48(6) and 88Judicial Officers Recommendation Commission Ordinance (Cap. 92)

Limited-term or vacancy-filling Deputy District Judges may be appointed by the Chief Justice.District Court Ordinance (Cap. 336), Section 7

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, 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.Name Chinese nameTenure StartTenure EndTenure LengthReason for Tenure EndSubsequent Most Senior Judicial Role1Clare-Marie Beeson, SBS貝珊1 July 199730 November 1997Appointed Judge of the Court of First InstanceSame (retired)2Richard Neville Hawkes, BBS韓敬善19 March 199915 May 2001RetiredNone (retired)3Barnabas Fung Wah, GBS馮驊16 May 200126 November 2006Appointed Judge of the Court of First InstanceSame4Patrick Li Hon-leung李瀚良2 July 200815 August 2012Appointed Judge of the Court of First InstanceSame (retired)5Poon Siu-tung潘兆童17 September 201213 January 2019Appointed Judge of the Court of First InstanceSame6Justin Ko King-sau高勁修6 January 2020Incumbent

District Judges

District Judges are referred to as 'His/Her Honour Judge [surname]'.

The Judges of the District Court () are (ranked by seniority):

Chief District Judge Justin Ko

Principal Family Court Judge C K Chan

District Judges Stanley Chan Eddie Yip Frankie Yiu W K Kwok Josiah Lam Jack Wong Gary Lam Andrew Li Harold Leong Kent Yee C P Pang Simon Lo Isaac Tam Angela Kot George Own Grace Chan Ivan Wong M K Liu Edmond Lee Clement Lee Ernest Lin Adriana Tse Ching K C Chan Phoebe Man Lily Wong Kathie Cheung Thelma Kwan Jonathan Wong Elaine Liu, BBS Dick Ho Ada Yim S P Yip Grace Chow Alan Kwong Phillis Loh Liza Jane Cruden Gary C C Lam Michelle Lam S H Lee

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.see example:

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 (regardless of whether Chief District Judge, Judges or Deputy Judges) are addressed in court as "Your Honour".

In court judgments and decisions, District Judges are referred to as 'His/Her Honour Judge [surname]', 'HH Judge [surname]' or 'HHJ [surname]'. Deputy District Judges are referred to as 'Deputy District Judge [surname]' or 'DDJ [surname]'.

Hong Kong District Court

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