The High Court of the Hong Kong Special Administrative Region: Structure and Jurisdiction

The High Court of the Hong Kong Special Administrative Region serves as a pivotal component of the territory's judicial system. It functions as a superior court of record, possessing unlimited jurisdiction in both civil and criminal matters. Historically known as the Supreme Court prior to the 1997 handover, the institution maintains its role as a key pillar of the common law system in Hong Kong.

Organizational Structure

The High Court is composed of two distinct divisions: the Court of Appeal and the Court of First Instance. It sits below the Court of Final Appeal in the judicial hierarchy and above the District Court and magistrates' courts. The court is authorized by the Hong Kong Basic Law and the High Court Ordinance.

Appointment and Eligibility

Judicial officers within the High Court are appointed by the Chief Executive based on recommendations from the independent Judicial Officers Recommendation Commission (JORC). Eligibility requirements vary by position:

• High Court Judges and Recorders: Must have at least 10 years of experience as a barrister, solicitor, advocate, or judicial officer in a common law jurisdiction.
• Registrars and Masters: Must have at least 5 years of experience in the aforementioned legal roles.

To ensure judicial independence, newly appointed judges who previously served as the Director of Public Prosecutions are subject to a six-month "sanitisation" period, during which they do not preside over criminal trials or government-related civil cases.