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

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

Judiciary of Hong Kong2 min readAugust 10, 2026
Key Takeaways & Facts
  • The High Court consists of the Court of Appeal and the Court of First Instance.
  • It is a superior court of record with unlimited civil and criminal jurisdiction.
  • Judges are appointed by the Chief Executive upon recommendation from the Judicial Officers Recommendation Commission.
  • The court is located at 38 Queensway, Admiralty, Hong Kong.
  • Appeals from the High Court are directed to the Court of Final Appeal.

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.

Exterior view of the High Court building
The High Court building located in Admiralty, 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.

Map showing the location of the High Court
Geographic location of the High Court in Admiralty.

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.

Interior architectural detail of the court
Interior view of the High Court facilities.

Frequently Asked Questions

The Court of First Instance handles original jurisdiction cases, including serious criminal trials and major civil disputes, while the Court of Appeal hears appeals arising from the Court of First Instance and the District Court.

References (10)

  1. [1]

    "Interception of Communications and Surveillance Ordinance (Cap. 589), Section 6". Archived from the original on 10 August 2022. Retrieved 2 December 2017.

  2. [2]

    "The Hon MRS Justice Doreen le Pichon GBS JA - Law, 1965". 29 January 2016. Archived from the original on 19 July 2018. Retrieved 22 February 2020.

  3. [3]

    Including retired English High Court Judges, such as Sir Richard Field who sat as a Deputy High Court Judge in Hong Kong and decided cases including Diyixian.com Limited v G'Five International Limited, HCA 229/2013, reported at [2016] 5 HKLRD 495.

  4. [4]

    "High Court Ordinance (Cap. 4), Section 12(1)". Archived from the original on 10 August 2022. Retrieved 2 December 2017.

  5. [5]

    This restriction does not apply to serving District Judges sitting as Deputy High Court Judges. For example, Her Honour Judge Amanda Woodcock has decided a number of judicial review cases (such as Hameed Bilal v Torture Claims Appeal Board, HCAL 174/2017), while Judge Kent Yee decided the habeas corpus case of Mohammad Aslam Qureshi v Director of Immigration, HCAL 75/2015. An exception is also made for Deputy High Court Judges (Non-refoulement Claims) when hearing judicial review cases relating to non-refoulement claims. Nor does this restriction apply to retired High Court Judges. For example, Sir Brian Keith (sitting as a Deputy High Court Judge) decided Building Authority v Appeal Tribunal (Buildings), HCAL 183/2015, reported at [2016] 1 HKLRD 1381. Previously, practitioners in private practice sitting as a Deputy High Court Judge could decide judicial review cases. For example, Robert Kotewall QC decided Chan Lau Fong & Others v Attorney General, HCMP 3232/1990.

  6. [6]

    "About Us". Archived from the original on 23 January 2010. Retrieved 20 September 2008.

  7. [7]

    "HKSAR Government Press Release: Appointment of Chairman of Electoral Affairs Commission". Retrieved 7 November 2022.

  8. [8]

    "Appointment of Vice-President of the Court of Appeal of the High Court". Archived from the original on 10 November 2019. Retrieved 19 February 2020.

  9. [9]

    Judicial Officers Recommendation Commission Ordinance (Cap. 92)

  10. [10]

    Buddle, Cliff (29 November 1997). "Former DPP among new judges". South China Morning Post. Archived from the original on 3 December 2017. Retrieved 3 December 2017.