The High Court of the Hong Kong Special Administrative Region is a part of the Judiciary of Hong Kong, consisting of the upper Court of Appeal and the lower Court of First Instance. It also deals with criminal and civil cases which have risen beyond the lower courts.
The hierarchy of the Hong Kong judiciary from high to low is: the Court of Final Appeal, the High Court (consisting of the upper Court of Appeal and the lower Court of First Instance), the District Court, and magistrates' courts.
It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication.
A person who has practised for at least 10 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as a High Court Judge or Recorder. A person who has practised for at least 5 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction is eligible to be appointed as the Registrar or a Master.
Full-time Judges and Recorders, as well as the Registrar and Masters, are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC).
Part-time Deputy Judges are appointed on a temporary basis by the Chief Justice.
It is not uncommon for a person to sit as a Recorder or Deputy High Court Judge prior to appointment as a full-time High Court Judge.
Newly appointed High Court judges with previous service as the Director of Public Prosecutions in the Department of Justice are subject to a 'sanitisation' period of 6 months upon appointment. During this period, the judge does not deal with any criminal trials or appeals or any civil cases involving the Government to maintain judicial independence and impartiality.
Upon appointment as a full-time High Court Judge, one must give an undertaking not to return to practise in future as a barrister or solicitor in Hong Kong.
The remuneration of High Court Judges is determined by the Chief Executive on the recommendation of the independent Standing Committee on Judicial Salaries and Conditions of Service. As of April 2023, a full-time Judge of the Court of First Instance receives a monthly salary of HK$343,750, while a Justice of Appeal of the Court of Appeal receives a monthly salary of HK$360,650. The Chief Judge of the High Court receives a monthly salary of HK$399,950, the same rate as a permanent judge in the Court of Final Appeal. Furthermore, full-time High Court judges are provided with housing in Judiciary Quarters or, alternatively, a housing allowance at HK$182,593 per month. This is given alongside allowances in medical insurance, judicial dress, and local education that are also enjoyed by judges at all levels. As of 1 April 2020, Recorders and Deputy High Court Judges receive honoraria at a daily rate of HK$11,765.
The retirement age of full-time High Court Judges is 70. However, the term of office can be extended further up to the age of 75.
The Chief Judge of the High Court is the principal officer of the High Court and the President of the Court of Appeal. The Chief Judge is responsible for the administration of the High Court and is accountable to the Chief Justice, who is head of the Judiciary. The Chief Judge must be a Chinese citizen who is a Hong Kong permanent resident with no right of abode in any foreign country.
The Judges who have held the position of Chief Judge of the High Court of Hong Kong to date are:
Patrick Chan Siu-oi (1997–2000)
Arthur Leong Siu-chung (2000–2003)
Geoffrey Ma Tao-li (2003–2010)
Andrew Cheung Kui-nung (2011–2018)
Jeremy Poon Shiu-chor (2019–present)