The Court is the final appellate court within Hong Kong’s judicial system. After the High Court and the Court of Appeal, it provides a second level of appellate review, in contrast with some other jurisdictions that provide only one level of review.
In other words, decisions of the highest calibre, also known as landmark decisions, are made by the Court, and they become binding precedents for lower courts to follow.
Landmark decisions tend to clarify points of law which are significant or rule that certain laws are unconstitutional, thereby requiring the executive and legislative branches of government to rectify them.
For example, landmark decisions in the past have clarified elements that the prosecution must prove in order to show that a defendant is guilty of conspiracy to defraud, or to prove misconduct in public office.
The Court has also ruled on whether the city’s existing legislation is constitutional, such as by upholding a non-statutory “letter of no consent” regime used by enforcement agencies, a tool which ensures that proceeds of crime are not dissipated before an offence is proved.
