THE COURT STRUCTURE IN HONG KONG
How criminal cases move through Hong Kong's courts.
Hong Kong's criminal court system follows a structured hierarchy. Most proceedings begin in the Magistrates' Courts. Depending on the nature and seriousness of the alleged offence, a case may remain there or be transferred upward to the District Court or the Court of First Instance of the High Court. Appeals proceed through separate appellate routes and may ultimately reach the Court of Final Appeal.
The starting point for most criminal proceedings
Magistrates' Courts
Magistrates' Courts deal with the majority of criminal cases in Hong Kong, including a wide range of summary and indictable offences. All indictable offences begin in a Magistrates' Court, although more serious cases may later be transferred to the District Court or committed to the Court of First Instance.
A Magistrate's general sentencing power is limited to two years' imprisonment or a fine of HK$100,000. Particular legislation may confer greater powers, including imprisonment of up to three years and substantially higher fines.
Juvenile Courts form part of the Magistrates' Courts and generally hear charges against persons under 16, except homicide cases.Serious indictable offences tried by a Judge alone
District Court
The District Court hears indictable offences transferred from the Magistrates' Courts. Proceedings are conducted before a District Court Judge without a jury.
It may try serious criminal cases other than murder, manslaughter and rape, and it may impose a maximum term of seven years' imprisonment.
The appropriate trial venue depends on the prosecution's assessment of the seriousness of the case.Unlimited criminal jurisdiction in the High Court
Court of First Instance
The Court of First Instance deals with the most serious criminal trials, including murder, manslaughter, rape, armed robbery, substantial drug trafficking and complex commercial fraud.
Criminal trials are ordinarily heard by a Judge sitting with a jury of seven. A Judge may direct that the jury consist of nine people.
The Court of First Instance also hears criminal appeals from decisions of the Magistrates' Courts.Review through Hong Kong's appellate structure
Appeal Courts
Appeals from the Magistrates' Courts are heard in the Court of First Instance. Criminal appeals from the District Court and the Court of First Instance are heard by the Court of Appeal.
Subject to the applicable statutory requirements and the grant of leave, a further and final appeal may be brought before the Court of Final Appeal, Hong Kong's highest appellate court.
Strict procedural requirements and time limits apply to criminal appeals, so advice should be obtained promptly.