The Juvenile Court Courts exercising juvenile jurisdiction are constituted, as the need arises, under the Juvenile Offenders Ordinance (Cap.226) and other statutes. A juvenile court has exclusive jurisdiction to hear charges against children (aged under 14) and young persons (aged between 14 and 16) for any offence other than homicide. Children under 10 are exempted from criminal responsibility. It also has power to deal with care and protection cases involving young people aged up to 18. A permanent magistrate may sit as a juvenile court and special procedures apply. The magistrate explains the alleged offence to the child or young person in simple language and provides assistance to the defendant in the conduct of the case. Press coverage of the proceedings in juvenile court is restricted, preventing disclosure of the identity of the defendant. The Juvenile Court sits in the Eastern, Kowloon City, West Kowloon, Fanling and Tuen Mun Magistrates' Courts.
The Coroner's Court Coroners are empowered to investigate unnatural or suspicious deaths occurring in Hong Kong (and deaths occurring outside Hong Kong if the body is found within Hong Kong). Except when death occurs while the individual is in custody, or the Secretary for Justice directs, the Coroner decides whether or not to hold an inquest with or without a jury. The inquest is mandatory with a jury where the death occurs in custody. The main purpose of an inquest is to ascertain the cause of and the circumstances connected with the death. If appropriate, a Coroner or a jury may make recommendations designed to prevent the recurrence of the fatality under investigation. The Court is situated at West Kowloon Law Courts Building.
The Lands Tribunal One of the important functions of the Lands Tribunal is to adjudicate claims by landlords for possession of premises, the tenancies or sub-tenancies of which are under the Landlord and Tenant (Consolidation) Ordinance (Cap. 7). Starting from 9 July 2004, the Tribunal also has power to adjudicate claims for possession of premises, the tenancies or sub-tenancies of which have expired by effluxion of time even when they are outside the said Ordinance. The Tribunal also has power to grant consequential relief. Another widely used jurisdiction of this Tribunal is to determine building management disputes. Such disputes arise from, among others, the interpretation and enforcement of the provisions of the Building Management Ordinance (Cap. 344) and deeds of mutual covenant, the appointment or dissolution of management committees, requisitions for owners' meetings and appointment of building management agent. The Tribunal also has unlimited jurisdiction to determine the amount of compensation payable by the Government to a person whose land has been compulsorily resumed or has suffered a reduction in value because of public developments. The Tribunal can also order the sale of land for redevelopment purpose under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545). The Tribunal also exercises appellate jurisdiction over (i) determinations by the Commissioner of Rating and Valuation under the Rating Ordinance (Cap. 116); (ii) determinations by the Director of Lands under the Government Rent (Assessment and Collection) Ordinance (Cap. 515); and (iii) determinations by the Director of Housing under the Housing Ordinance (Cap. 283). In exercising its jurisdiction, the Tribunal has the same powers to grant remedies and relief, legal or equitable, as the Court of First Instance of the High Court. Parties may appoint counsel or solicitors to appear before the Tribunal or, as is often the case, they may appear in person. The tribunal has a President who is a Judge of the Court of First Instance. There are currently two Presiding Officers who are District Judges, and three members.
The Labour Tribunal ,
Kowloon The Labour Tribunal was set up in 1973 to provide a quick, inexpensive and informal procedure for adjudicating disputes between employees and employers. It deals with claims arising out of a breach of a contract of employment. Claims may include wages in lieu of notice, arrears of wages, statutory holiday pay, annual leave pay, sickness allowance, maternity leave pay, bonus/double pay, severance pay, and long service payments. Claimants can also seek orders for reinstatement or re-engagement; for awards of compensation or terminal payments. Proceedings are mostly conducted in Cantonese before a Presiding Officer. Legal representation is not allowed. Any party aggrieved may appeal on a point of law to the Court of First Instance. There are approximately 8 Presiding Officers, including one Principal Presiding Officer. The tribunal is located at the South Kowloon Law Courts Building in Gascoigne Road. No statistics are provided by the Judiciary on actual waiting times from filing of a claim to first day of trial or ultimate resolution.
The Market Misconduct Tribunal The Market Misconduct Tribunal (MMT) was established in 2003 under the provisions contained in the SFO. In accordance with the SFO, if it appears to the
Securities and Futures Commission (SFC) that market misconduct or a breach of a disclosure requirement under Part XIVA of the SFO has or may have taken place, the SFC may institute proceedings before the MMT. The MMT has jurisdiction to hear and determine any question or issue arising out of or in connection with the proceedings instituted under the SFO.
The Small Claims Tribunal The Small Claims Tribunal was established in 1976. It deals with monetary claims arising from contract or tort, involving amounts not exceeding $75,000. Hearings are informal and usually conducted in Cantonese. Legal representation is not allowed. Parties may authorise a representative (other than a lawyer) to appear in court. Any party aggrieved by the decision of an Adjudicator may appeal on a point of law to the Court of First Instance. There are approximately nine Adjudicators, including a Principal Adjudicator. The Small Claims Tribunal is situated at West Kowloon Law Courts Building.
The Obscene Articles Tribunal The Control of Obscene and Indecent Articles Ordinance came into force in 1987 providing for the establishment of the Obscene Articles Tribunal. The work of this tribunal covers two main aspects. Firstly, it is responsible for the classification of articles submitted by any public officer, author, printer, manufacturer, publisher, distributor, copyright owner etc. Secondly, the tribunal has
exclusive jurisdiction to determine the question of obscenity or indecency when this issue arises in any civil or criminal proceedings in any court. The Obscene Articles Tribunal consists of a Magistrate and two or more lay adjudicators. Lay adjudicators are selected from a panel consisting of members of the public. The tribunal is situated at West Kowloon Law Courts Building.
The Competition Tribunal The Competition Tribunal was set up by the Competition Ordinance in 2013 to deal with the legal proceedings concerning
competition matters. Unlike the other tribunals, the Competition Tribunal is a superior court of record and enjoys the same powers, rights and privileges of the
Court of First Instance. It also has the same jurisdiction to grant
remedies and reliefs as the Court of First Instance. The Tribunal is made up by all judges of the Court of First Instance, and is headed by a president and a deputy president, which they are also judges of the Court of First Instance. == Judges ==