Magistrates' court (Hong Kong)
| Magistrates' courts | |
|---|---|
Kwun Tong Magistrates' Court | |
| Location | Hong Kong |
| Authorised by | Hong Kong Basic Law, Magistrates Ordinance (Cap. 227) |
| Appeals to | Court of First Instance of the High Court; further appeal to the Court of Final Appeal in limited circumstances |
| Website | judiciary.hk |
| Chief Magistrate | |
| Currently | Mr Victor SO Wai-tak |
| Magistrates' court | |||||||||||
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| Chinese | 香港裁判法院 | ||||||||||
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| This article is part of the series: Courts of Hong Kong |
| Law of Hong Kong |
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The magistrates' courts (in case citations, HKMagC) are the lowest tier of criminal courts in Hong Kong. They have criminal jurisdiction over a wide range of offences, and in general these offences must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. Their jurisdiction and sentencing powers are set out in the Magistrates Ordinance (Cap. 227).
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.
All criminal proceedings must begin in the magistrates' courts; the Secretary for Justice may transfer cases to either the District Court or the Court of First Instance depending on the seriousness of the crime. Summary offences can only be tried in a magistrates' court, while indictable-only and either-way offences are commonly transferred to the District Court or Court of First Instance for trial. The magistrates' courts are the busiest in Hong Kong, with a caseload of 379,547 in 2024.
Cases are always heard before a single magistrate, who must have qualified as a barrister or solicitor either in Hong Kong or in another common law jurisdiction and have had substantial professional experience. Defendants may be represented by a solicitor or barrister, and may seek advice from duty lawyers stationed in the courts.