| Court Name: | Magistrates' courts |
| Location: | Hong Kong |
| Authority: | Hong Kong Basic Law, Magistrates Ordinance (Cap. 227) |
| Appealsto: | Court of First Instance of the High Court
|
| Chiefjudgetitle: | Chief Magistrate |
| Chiefjudgename: | Mr Victor SO Wai-tak |
Magistrates' courts in Hong Kong have criminal jurisdiction over a wide range of offenses, and in general these offenses must only constitute two years' imprisonment or a fine of HK$100,000; in certain circumstances, sentences of three years may be imposed. 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.[1]
All judges and magistrates must have qualified as legal practitioners either in Hong Kong or in another common law jurisdiction and have had substantial professional experience.
The Chief Magistrate is the court leader and is responsible for the overall administration of the magistrates' courts.
A principal magistrate is in charge of one of the seven magistrates' courts.
A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts.
The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court[2] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal.[3] [4] [5] The Chief Justice also appoints a number of permanent magistrates to sit as Presiding Officers in the Labour Tribunal and Adjudicators in the Small Claims Tribunal.[6] [7]
A special magistrate is also a full-time magistrate, but is assigned to deal with various kinds of departmental summons including minor offenses such as traffic contraventions. Their sentencing power is limited to a maximum fine of HK$50,000 or as specified in their warrants of appointment.
A deputy magistrate or deputy special magistrate is assigned by the Chief Justice for such period and on such terms as the chief justice thinks fit. This makes additional manpower available to the magistrates' courts while also giving eligible persons experience on the bench, before the magistrate commits to a full-time posting or returns to private practice.
The current permanent magistrates (as at 1 January 2023) are (ranked according to seniority):
Since 2019, the retirement age for magistrates is 65.[8]
| No. | Name | Tenure start | Tenure end | Tenure length | Reason for tenure end | Later most senior judicial role | |
|---|---|---|---|---|---|---|---|
| 1 | Louis Tong Po-sun | 2 March 1998 | 2 October 2000 | Appointed Judge of the Court of First Instance | Same (retired) | ||
| 2 | Patrick Li Hon-leung | 3 October 2000 | 1 February 2007 | Appointed District Court Judge | Judge of the Court of First Instance (retired) | ||
| 3 | Tong Man | 2 July 2008 | 15 September 2013 | Retired | None (retired) | ||
| 4 | Clement Lee Hing-nin | 11 March 2014 | 2 January 2018 | Appointed District Court Judge | Same | ||
| 5 | Victor So Wai-tak | 6 January 2020 | Incumbent |