Supreme Court (Hong Kong)

Supreme Court (Hong Kong)

The Supreme Court of Hong Kong (Chinese: 香港最高法院) was the highest court in Hong Kong prior to the transfer of sovereignty of Hong Kong from the United Kingdom to the People's Republic of China in 1997 and heard cases of first instance and appeals from the District and Magisrates Courts as well as certain tribunals. The Supreme Court was made up of the High Court of Justice (High Court) and the Court of Appeal.

The Supreme Court was established in 1842 when Hong Kong was proclaimed a British Crown colony after the Treaty of Nanking.

For almost 70 years after establishment of the court, there was no Court of Appeal in Hong Kong. Appeals were either by way or re-hearing or direct to the Judicial Committee of the Privy Council. From 1910, appeals were heard by a Full Court made up of 3 judges. From 1910 to 1943, a judge of the British Supreme Court for China in Shanghai was eligible to sit on the Full Court. In the 1910s and 1920s, a Shanghai judge would regularly travel to Hong Kong to sit on the Full Court. Sir Havilland de Sausmarez, a judge of the Shanghai court, was the President of the Full Court from 1910 to 1920. From 1925 to 1943, a judge of the Hong Kong Supreme Court would also sit on the full court of the British Supreme Court for China.

The Court of Appeal was established in the 1970s. Appeals from the Court of Appeal and Full Court and, certain criminal appeals from the High Court, lay to the Judicial Committee of the Privy Council in the United Kingdom. In order to appeal to the Privy Council, leave to appeal was required either from the court appealed from or the Privy Council.

After the transfer of sovereignty the Supreme Court was renamed as the High Court and the High Court of the former Supreme Court was renamed the Court of First Instance. Appeals from the Court of Appeal (and where there is such a direct appeal, the Court of First Instance) are now heard by the Court of Final Appeal which was established on 1 July 1997.