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Topic: Final court of appeal

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In the News (Tue 21 May 19)

  Court of Final Appeal - Wikipedia, the free encyclopedia
In the Hong Kong SAR, the power of final adjudication (court of last resort) on the Hong Kong law which was vested with the Privy Council during the British colonial administration is now vested in the Court of Final Appeal following Hong Kong's handover to the People's Republic of China in 1997.
Chief Justice of the Court of Final Appeal
Non-Permanent Judges of the Court of Final Appeal
en.wikipedia.org /wiki/Court_of_Final_Appeal   (601 words)

 High Court of Australia - Wikipedia, the free encyclopedia
The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy.
The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation.
The court also sat regularly in Sydney, where it was located in an extension on the side of the Criminal Courts in the suburb of Darlinghurst.
en.wikipedia.org /wiki/High_Court_of_Australia   (3714 words)

 Court Services & Facilities
Appeals as of right from any final judgment of the Court of Appeal, where the matter in dispute amounts to or is worth more than $1 million.
The decision of the Appeal Committee shall be final and not itself subject to appeal.
An appeal is heard and determined by the Court of Final Appeal, which is usually made up of the Chief Justice, three permanent judges and either one non-permanent Hong Kong judge or one judge from another common law jurisdiction.
www.judiciary.gov.hk /en/crt_services/pphlt/html/cfa.htm   (724 words)

 The Caribbean Court Of Justice: Will It Be A Hanging Court - June 28, 2003   (Site not responding. Last check: 2007-10-20)
Although the actual political decision to establish the Court was taken by the Heads of Government of Caricom at Conference in Grenada in 1989, it was in fact the Jamaican delegation in Kingston, in 1970, which first put forward the resolution on the establishment of a final Court of Appeal, to replace the Privy Council.
Finally, anxieties over the ability of Caricom States to ensure that the Court is adequately funded, have compelled some to the view, that the Court should not be pursued at this time.
By a majority decision of two to one, the OECS Court of Appeal held that the automatic application of the death penalty for convictions of murder, was an infringement of the constitutional right not to be subjected to cruel and inhuman, or degrading punishment.
www.stlucia.gov.lc /primeminister/statements/2003/the_caribbean_court_of_justice_will_it_be_a_hanging_court_june_28_2003.htm   (6867 words)

 Admiralty Court - Hutchinson encyclopedia article about Admiralty Court
The court is now incorporated within the Queen's Bench Division of the High Court and deals with such matters as salvage and damages arising from collisions between ships.
The Admiralty Court also sits as a prize court, in which capacity it has jurisdiction in matters of capture in port or on land if the capture has been effected by a naval force or a mixed naval and military force.
The Scottish Court of Admiralty lost its prize jurisdiction to the English Court of Admiralty in 1825, and in 1830 its civil and criminal jurisdiction was transferred respectively to the Court of Session and the High Court of Justiciary.
encyclopedia.farlex.com /Admiralty+Court   (434 words)

 CBC News Indepth: Supreme Court   (Site not responding. Last check: 2007-10-20)
It is the final court of appeal, and the last resort for all litigants, whether individuals or governments.
The Supreme Court is composed of a chief justice and eight puisne judges (puisne meaning ranked after), all appointed by the governor-in-council.
Courts of law thrived in the 18th-century in Quebec (Lower Canada), Ontario (Upper Canada), and in the Maritime colonies.
www.cbc.ca /news/background/supremecourt   (1254 words)

 Reference.com/Encyclopedia/Court of Final Appeal
A court of final appeal is the court with the final adjudication power on the local laws in a Special Administrative Region (SAR) of the People's Republic of China.
There are two courts of final appeal: one in Hong Kong SAR; another in Macau SAR.
Sir Yang Ti-liang was Chief Justice of the Supreme Court of Hong Kong
www.reference.com /browse/wiki/Court_of_Final_Appeal   (502 words)

 Our Final Court of Appeal   (Site not responding. Last check: 2007-10-20)
Finally we have to be prepared to correct our "spectacles" and jettison cultural baggage as we read and reread the Bible (in the fellowship of the church).
He justifies this by appeal to Genesis 2 and to the practice of the churches.
He does not say that the women were less educated, or less able, or gossips, but rather appeals to Genesis to show that they should keep their comments and questions for their husbands in the privacy of the home.
www.acl.asn.au /ahnichols_oct92.html   (1608 words)

Before the Court of Appeal, the 1st respondent was represented by counsel instructed by the Director of Legal Aid; the 2nd respondent did not appear.
In that case, the Court held that the contempt of court offences under the common law of scandalising the court and of interference with the administration of justice as a continuing process constituted permissible restrictions on the freedom of expression.
Finally, I must record the Court's indebtedness for the invaluable assistance given to the Court by the arguments both written and oral presented and the materials produced by the respective teams of counsel led by Mr G McCoy SC, for the Government, and Ms Audrey Eu SC for the 2nd respondent.
www.hku.hk /law/conlawhk/sourcebook/conlawcase/NgkungsiuCFAe.htm   (9271 words)

 The abolition or retention of the Privy Council as the final Court of Appeal for New Zealand
Appeal from the Court of Appeal of New Zealand to the Judicial Committee of the Privy Council is in constitutional theory appeal to Her Majesty The Queen in Council.
The process of appealing the judgement of a final court of appeal to the Queen in Council does not strictly amount to the existence of a further tier of appeal within the ordinary judicial hierarchy, but is an appeal directly to the fount of justice.
Recent statistics for appeals in England and Wales show that the number of appeals from the High Court to the Court of Appeal is approximately one decision in every 170, while cases appealed from the Court of Appeal to the House of Lords amount to one every 25.
www.geocities.com /noelcox/Privy_Council_ALT.htm   (9267 words)

 Jamaica Gleaner - Caribbean Court of Justice: Victory for good sense - Sunday | February 6, 2005   (Site not responding. Last check: 2007-10-20)
THE RULING of the Judicial Committee of the Privy Council (JCPC) that the three Parliamentary acts to abolish the right of appeal to Her Majesty in Council and to substitute the Caribbean Court of Justice (CCJ) as the final court of appeal were unconstitutional was a victory for good sense and good law.
The significant fact that the JCPC itself was not entrenched and therefore a similar court could replace it, gave comfort and substance to the government, its advisers and the lower courts in Jamaica that the process was lawful and constitutional.
The Hinds case emphasised the point that, for courts to have equal jurisdiction with the Supreme Court and with the Court of Appeal, they must have security of tenure and be appointed in the same or similar manner to our judges of the Supreme Court and Court of Appeal.
www.jamaica-gleaner.com /gleaner/20050206/debate/debate1.html   (1224 words)

 IPT Journal - "Questions of Fact: The Use of Psychology in the Evaluation of Evidence"   (Site not responding. Last check: 2007-10-20)
The results are finally submitted to analysis and discussion, especially on the importance of the use of a systematic case investigation method and on the relationship between such a method and the rules of legal procedure.
Finally, the investigator should present and verify his conclusions in a written report (Level IV) that makes it possible for the reader to evaluate the validity of his or her conclusions.
In the decision of the court of appeal it was argued that the witness psychological investigation constituted a firm evidence that sexual abuse had occurred, but owing to the fact that the expert opinion was grounded on information obtained outside the court, the court lowered its value.
www.ipt-forensics.com /journal/volume6/j6_3_3.htm   (4388 words)

One of the chief functions of the Privy Council, acting through its Judicial Committee, is being the final Court of Appeal for a number of Commonwealth countries who have chosen to retain the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.
Appeals from these states are known as Appeals to Her Majesty in Council.
However, appeals from these two states rather than being appeals to Her Majesty in Council are to the Judicial Committee of the Privy Council.
www.caribvoice.org /Opinions/cca.html   (1005 words)

 Caribbean Court of Justice   (Site not responding. Last check: 2007-10-20)
final Caribbean Court of Appeal" he was not satisfied that we as a region were proceeding in a manner as to engender public confidence in the CCJ as a deliverer of quality justice.
Third, that a court of original jurisdiction is required for issues relating to the Treaty of Chaguaramas; and fourth, that the Privy Council is far removed from the Caribbean both geographically and in its appreciation of local circumstances.
He urged the Caribbean to establish its own final court on the ground, inter alia, that the ultimate court of appellate Jurisdiction of a state, which has to make important policy decisions on legal principles, should be in the state, staffed by citizens of that state and not by outsiders.
www.belize.gov.bz /features/Caribbean_court/challenges&prospects.html   (1752 words)

 WorldNetDaily: Final court of appeal?
The Court will have the power to reach across borders and prosecute a nation's individual citizens without the consent of that nation when charges are brought by the U.N. Security Council.
Note that there is no official Italian appeal to the U.N. Transport that concept to these shores: When the judges of this country are dissatisfied with the executive branch of the government, ought they to call in the U.N. to settle matters between the judiciary and the executive branch of government?
While it served the political purpose of some of the frustrated magistrates to appeal to the U.N., it is a dangerous tactic that may boomerang with a vengeance.
www.worldnetdaily.com /news/printer-friendly.asp?ARTICLE_ID=26424   (1352 words)

 New Court of Final Appeal in New Zealand
On 1 January 2004 the Supreme Court of New Zealand was established as the court of final appeal in New Zealand.
All of the judges previously sat on the bench of the Court of Appeal of New Zealand (previously the highest court in New Zealand) and all are members of the Privy Council.
Justice Gault was appointed a Queen’s Counsel in 1984, a Judge of the High Court in 1987 and a Judge of the Court of Appeal in 1991.
www.henryhughes.co.nz /current_issues/new_court_of_appeal.asp   (371 words)

 JSMP - Court of Appeal
Through court monitoring, the provision of legal analysis and thematic reports on the development of the judicial system, and outreach activities, JSMP aims to contribute to the ongoing evaluation and building of the justice system in East Timor.
The Court is situated on the second floor of the courthouse located on Rua Caicoli in the Dili suburb of Caicoli.
The Court is therefore, for the time being at least, the court of highest instance and the final court of appeal in East Timor.
www.jsmp.minihub.org /courtmonitoring/court_of_appeal.htm   (519 words)

 Supreme Court of the United States --  Encyclopædia Britannica   (Site not responding. Last check: 2007-10-20)
final court of appeal and final expositor of the Constitution of the United States.
Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.
It hears appeals of cases originally adjudicated in military tribunals, which are presided over by commissioned officers or military judges.
www.britannica.com /eb/article-9070422   (924 words)

 CNN - Philippine Supreme Court rejects final appeal for execution delay - January 26, 1999
MANILA, Philippines (AP) -- The Philippine Supreme Court denied Tuesday a final appeal from a convicted child rapist for a further delay in the country's first judicial execution in 23 years.
The court said the scheduled Feb. 5 execution by lethal injection of Leo Echegaray could proceed because Congress had been given a chance to review a law that reimposed the death penalty in 1994, and had decided not to do so.
Echegaray's lawyers then appealed to the court to postpone the execution again, arguing that there was still a chance Congress might change its mind.
www.cnn.com /WORLD/asiapcf/9901/26/philippines.execution.ap.01   (474 words)

 Is Jamaica ready for a final Appeal Court? - JAMAICAOBSERVER.COM
If our present Court of Appeal is substantially retained and declared to be our final court there would be no necessity for a constitutional amendment as the court is already entrenched in the Constitution.
Jamaica is too small in terms of geography and population to have her own final Court of Appeal.
One of the main impediments to the establishment of a final court is the process by which the judges are to be appointed and removed from office.
www.jamaicaobserver.com /columns/html/20050729T190000-0500_85067_OBS_IS_JAMAICA_READY_FOR_A_FINAL_APPEAL_COURT_.asp   (1205 words)

 Senate Approves Bills for Establishment of CCJ as Final Court of Appeal - Jamaica Information Service
The Court will be a superior court of record with appellate jurisdiction to replace the jurisdiction of the Judicial Committee of the Privy Council as the country's highest appellate court in relation to appeals from Jamaica's Court of Appeal.
Meanwhile, the other companion Bill seeks to establish the CCJ as Jamaica's final court of appeal replacing the Judicial Committee of the Privy Council; and to repeal the provisions of Section 110 of the Constitution, which provides for appeals to Her Majesty in Council and replace those provisions with provisions for appeals to the CCJ.
Senator Nicholson further explained that the President of the Court would be the Chairman of the Commission and that members of the Commission would in the first instance be appointed under the hand of the heads of the judiciary of the contracting parties and would hold office for a term of one year.
www.jis.gov.jm /justice/html/20040704t110000-0500_3066_jis_senate_approves_bills_for_establishment_of__ccj__as_final_court_of_appeal.asp   (1340 words)

 BBC NEWS | Asia-Pacific | Anwar in court for 'final appeal'   (Site not responding. Last check: 2007-10-20)
Monday's appeal was to the federal court - the highest in Malaysia.
During Monday's court hearing, Mr Anwar accused the judges of orchestrating a judicial charade.
In his first speech to parliament after coming to power last October, Prime Minister Abdullah Badawi promised to respect the independence of the courts, which were widely seen as having been eroded by his predecessor.
news.bbc.co.uk /2/hi/asia-pacific/3699313.stm   (509 words)

 CBC News: Charron, Abella to fill Supreme Court vacancies   (Site not responding. Last check: 2007-10-20)
Asked whether he was "hiding" behind the Supreme Court on controversial issues such as same-sex marriage, Cotler declined to address the issue directly.
Court of final appeal in all cases in U.K., except criminal cases in Scotland.
Became final court of appeal in 1949 when appeal to British Privy Council was abolished.
www.cbc.ca /story/canada/national/2004/08/24/cotlersupreme040824.html   (524 words)

 Supreme Court Bill - Green Party
We also believe that the idea of having the final Court of Appeal for New Zealand situated on the other side of the world in London is just bizarre and not credible for an independent nation such as ourselves.
It is no surprise that we see the right-wing parties of the House line up together to support a final Court of Appeal that serves the rich well, but does not serve the ordinary New Zealander.
Finally this country will have a fully functioning final Court of Appeal that is open to all kinds of cases, and wide open to all New Zealanders not just the elite friends of some of the parties of this Parliament.
www.greens.org.nz /searchdocs/speech6823.html   (1325 words)

 Bill establishes new Supreme Court
Plans to set up an independent Supreme Court as the final court of appeal are published today in the Constitutional Reform Bill.
The Supreme Court will be the final court of appeal for England and Wales and Northern Ireland, and the final civil court of appeal for Scotland.
The 12 judges, to be known as Justices of the Supreme Court, will not be allowed to sit in the House of Lords as members.
www.number-10.gov.uk /output/Page5405.asp   (348 words)

 Jamaica Gleaner - A plea for a final J'can Court of Appeal - Friday | April 15, 2005   (Site not responding. Last check: 2007-10-20)
I HAVE long been an unapologetic advocate of the establishment of a final Jamaican Court of Appeal, a tier above the present Court of Appeal, if and when appeals to the Privy Council (PC) are abolished.
If we must 'patriate' our final court, let it be from London to Kingston ­ not to Port of Spain.
The Government, the Opposition and the country generally should embrace the concept of a local final court of appeal.
www.jamaica-gleaner.com /gleaner/20050415/letters/letters4.html   (398 words)

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