The Court of Final Appeal was established pursuant to Article 81 of the Basic Law and exercises the power of final adjudication of the Hong Kong Special Administrative Region under Article 82 of the Basic Law. As required, the Court may invite judges from other common law jurisdictions to sit on the Court.

In accordance with Articles 19 and 85 of the Basic Law, the court exercises judicial power in the Region independently and free from any interference.

The Basic Law provides for the maintenance of the laws previously in force in Hong Kong (Articles 8 and 18) and the common law tradition continues in the jurisdiction. The Court of Final Appeal adjudicates on cases in accordance with the laws of Hong Kong and may refer to precedents of other common law jurisdictions (Article 84).

In accordance with the Basic Law, the Court is authorised to interpret on its own provisions of the Basic Law falling within the autonomy of the Hong Kong Special Administrative Region (Article 158(2)). Where the interpretation of certain excluded provisions of the Basic Law is involved in an appeal, the Court must first seek an interpretation of that provision from the Standing Committee of the National People’s Congress of the People’s Republic of China before making its final judgment (Article 158(3)).

Under the Basic Law (Article 83), the structure, powers and functions of the Court are prescribed by law, namely the Hong Kong Court of Final Appeal Ordinance (Cap.484) and the Hong Kong Court of Final Appeal Rules (Cap.484A).

Click here for the Basic Law of the Hong Kong Special Administrative Region.