Hong Kong Court of Final Appeal (Amendment) Bill 1997


A Bill
To

Amend the Hong Kong Court of Final Appeal Ordinance.

     Enacted by the Provisional Legislative Council.

1. Short title and commencement
(1)This Ordinance may be cited as the Hong Kong Court of Final Appeal (Amendment) Ordinance 1997.
(2)This Ordinance comes into operation on 1 July 1997.

2. Interpretation
(1)Section 2 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is renumbered as subsection (1).
(2)Section 2(1) is amended -
(a) in the definition of "High Court", by repealing "of Justice" and substituting "which consists of the Court of First Instance and the Court of Appeal";
(b) in the definition of "legal officer in the Attorney General's Chambers", by repealing "Attorney General's Chambers" where it appears twice and substituting "Department of Justice";
(c) by adding -
""Justice of Appeal" ( 上訴法院大法官 ) means a Justice of Appeal
of the Court of Appeal;
"Region" ( 香港特區 ) means the Hong Kong Special Administrative
Region of the People's Republic of China;".
(3)Section 2 is amended by adding -
"(2) In this Ordinance, a reference to the Court of First Instance includes the High Court which was in operation before 1 July 1997.".

3. Jurisdiction of the Court
(1)Section 4(3) is amended by repealing "Governor" and substituting "Chief Executive".
(2)Section 4(4) is amended -
(a) by repealing "Governor" and substituting "Chief Executive";
(b) by repealing "Government of the United Kingdom of Great Britain and Northern Ireland" and substituting "Central People's Government".

4. Adaptation
Sections 5(6), 6(1), 7, 8(2), 9(2), 14, 22(2), 25(5) and 42(2) are amended by repealing "Governor" wherever it appears and substituting "Chief Executive".

5. Chief Justice
(1)Section 6 is amended by adding after subsection (1) -
"(1A) The Chief Justice shall be a Chinese citizen who is a permanent resident of the Region with no right of abode in any foreign country.".
(2)Section 6(3) is amended by repealing "High Court" where it appears twice and substituting "Court of First Instance".

6. Appointment of permanent judges
Section 7(3) is amended by repealing "High Court" where it appears twice and substituting "Court of First Instance".

7. Section added
The following section is added -
"7A.Endorsement of Appointment or Removal of Judges of the Court
(1)The Chief Executive shall -
(a) obtain the endorsement of the Legislative Council for the appointment or removal of judges of the Court, the non-permanent judges and judges from other common law jurisdictions appointed pursuant to sections 6, 7, 8 and 9; and
(b) report the appointment or removal to the Standing Committee of the National People's Congress of the People's Republic of China in accordance with Article 90 of the Basic Law of the Region for the record.
(2)For the purpose of this section, "Legislative Council" means the Legislative Council but during the existence of the Provisional Legislative Council means the Provisional Legislative Council.".

8. Qualifications of judges
(1)Section 12(1)(a) is amended by repealing "the Chief Justice of the Supreme Court, a Justice of Appeal or a judge of the High Court" and substituting "the Chief Judge of the High Court, a Justice of Appeal or a judge of the Court of First Instance".
(2)Section 12(2)(c) is amended by repealing "High Court" and substituting "Court of First Instance".
(3)Section 12 is amended by repealing "Supreme Court" wherever it appears and substituting "High Court".

9. Powers of the Court
Section 17 is amended in subsection (5) by repealing "High Court" where it appears twice and substituting "Court of First Instance".

10. Interpretation
Section 28 is amended in the definition of "court of trial" by repealing "High Court" and substituting "Court of First Instance".

11. Criminal Appeals
Section 31 is amended in paragraph (b) by repealing "High Court" and substituting "Court of First Instance".

12. Leave to appeal
Section 32 is amended -
(a) in subsection (2) by repealing "High Court" and substituting "Court of First Instance";
(b) in subsection (3) by repealing "High Court" and substituting "Court of First Instance".

13. Application for leave to appeal
Section 33 is amended in subsection (1) by repealing "High Court" and substituting "Court of First Instance".

14. Bail
Section 34 is amended by repealing "High Court" wherever it appears and substituting "Court of First Instance".

15. Detention on appeal by prosecutor
Section 35 is amended by repealing "High Court" wherever it appears and substituting "Court of First Instance".

16. Effect of appeal on sentence
Section 37 is amended by repealing "High Court" where it appears twice and substituting "Court of First Instance".

17. The Registrar
Section 42 is amended in subsection (2) by repealing "Supreme Court" and substituting "High Court".

18. Rules Committee
(1)Section 40(1) is amended in paragraph (f) -
(a) by repealing "Attorney General" and substituting "Secretary of Justice";
(b) by repealing "Attorney General's Chambers" and substituting "Department of Justice".
(2)Section 40(3) is amended -
(a) by repealing "Attorney General" and substituting "Secretary of Justice";
(b) by repealing "Attorney General's Chambers" and substituting "Department of Justice".

19. Schedule amended
The Schedule is amended -
(a) in Items 3, 7, 9(y), 14(b), 15, 16, 21, 24 and 25, by repealing "Supreme Court" and substituting "High Court";
(b) in Item 1(b), by repealing "Chief Justice of the Supreme Court" and substituting "Chief Judge of the High Court";
(c) in Item 9(ae), by repealing "High Court" and substituting "Court of First Instance".

Explanatory Memorandum
The purposes of the Bill are-
(a) to give effect to Section 1(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484); and
(b) to give effect to adaptation of laws upon the resumption of the exercise of sovereignty of Hong Kong by the People's Republic of China.







(Members of the public are welcome to express their views on the Bills, by writing to the Provisional Legislative Council Secretariat at 3/F, Huaxia Art Centre, No. 1 Guangqiao Street, Overseas Chinese Town, Shenzhen)