Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/4

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
A2088
Ord. No. 79 of 1995
HONG KONG COURT OF FINAL APPEAL

“judge” (大法官) means a judge of the Court, including the Chief Justice, a permanent judge and a non-permanent judge;

“judge from another common law jurisdiction” (其他普通法適用地區大法官) means a judge appointed as a judge from another common law jurisdiction under section 9;

“legal officer in the Attorney General’s Chambers” (律政署的律政人員) means a person holding one of the offices in the Attorney General's Chambers mentioned in the Schedule to the Legal Officers Ordinance (Cap. 87);

“non-permanent Hong Kong judge” (非常任香港大法官) means a judge appointed as a non-permanent Hong Kong judge under section 8;

“non-permanent judge” (非常任大法官) means a non-permanent Hong Kong judge or a judge appointed as a judge from another common law jurisdiction;

“permanent judge” (常任大法官) means a judge appointed as a permanent judge under section 7;

“Registrar” (司法常務官) means the Registrar of the Court appointed under section 42;

“solicitor” (律師) has the same meaning as in the Legal Practitioners Ordinance (Cap. 159).

3. Establishment of the Court

There shall be a Hong Kong Court of Final Appeal which shall be a superior court of record.

4. Jurisdiction of the Court

(1) The Court shall have the jurisdiction conferred on it under this Ordinance and by any other law.

(2) The Court shall have no jurisdiction over acts of state such as defence and foreign affairs.

(3) The Court shall obtain a certificate from the Governor on questions of fact concerning acts of state whenever such questions arise in the adjudication of cases, and that certificate shall be binding on the Court.

(4) Before issuing such a certificate the Governor shall obtain a certifying document from the Government of the United Kingdom of Great Britain and Northern Ireland.

5. Constitution of the Court

(1) The following shall be the judges of the Court—

(a) the Chief Justice; and
(b) the permanent judges.