Section 4: The Judiciary
Article 80
The courts of the Hong Kong Special Administrative Region at all
levels shall be the judiciary of the Region, exercising the judicial
power of the Region.
Article 81
The Court of Final Appeal, the High Court, district courts, magistrates'
courts and other special courts shall be established in the Hong
Kong Special Administrative Region. The High Court shall comprise
the Court of Appeal and the Court of First Instance.
The judicial system previously practised in Hong Kong shall be
maintained except for those changes consequent upon the establishment
of the Court of Final Appeal of the Hong Kong Special Administrative
Region.
Article 82
The power of final adjudication of the Hong Kong Special Administrative
Region shall be vested in the Court of Final Appeal of the Region,
which may as required invite judges from other common law jurisdictions
to sit on the Court of Final Appeal.
Article 83
The structure, powers and functions of the courts of the Hong Kong
Special Administrative Region at all levels shall be prescribed
by law.
Article 84
The courts of the Hong Kong Special Administrative Region shall
adjudicate cases in accordance with the laws applicable in the Region
as prescribed in Article 18 of this Law and may refer to precedents
of other common law jurisdictions.
Article 85
The courts of the Hong Kong Special Administrative Region shall
exercise judicial power independently, free from any interference.
Members of the judiciary shall be immune from legal action in the
performance of their judicial functions.
Article 86
The principle of trial by jury previously practised in Hong Kong
shall be maintained.
Article 87
In criminal or civil proceedings in the Hong Kong Special Administrative
Region, the principles previously applied in Hong Kong and the rights
previously enjoyed by parties to proceedings shall be maintained.
Anyone who is lawfully arrested shall have the right to a fair
trial by the judicial organs without delay and shall be presumed
innocent until convicted by the judicial organs.
Article 88
Judges of the courts of the Hong Kong Special Administrative Region
shall be appointed by the Chief Executive on the recommendation
of an independent commission composed of local judges, persons from
the legal profession and eminent persons from other sectors.
Article 89
A judge of court of the Hong Kong Special Administrative Region
may only be removed for inability to discharge his or her duties,
or for misbehaviour, by the Chief Executive on the recommendation
of a tribunal appointed by the Chief Justice of the Court of Final
Appeal and consisting of not fewer than three local judges.
The Chief Justice of the Court of Final Appeal of the Hong Kong
Special Administrative Region may be investigated only for inability
to discharge his or her duties, or for misbehaviour, by a tribunal
appointed by the Chief Executive and consisting of not fewer than
five local judges and may be removed by the Chief Executive on the
recommendation of the tribunal and in accordance with the procedures
prescribed in this Law.
Article 90
The Chief Justice of the Court of Final Appeal and the Chief Judge
of the High Court of the Hong Kong Special Administrative Region
shall be Chinese citizens who are permanent residents of the Region
with no right of abode in any foreign country.
In the case of the appointment or removal of judges of the Court
of Final Appeal and the Chief Judge of the High Court of the Hong
Kong Special Administrative Region, the Chief Executive shall, in
addition to following the procedures prescribed in Article 88 and
89 of this Law, obtain the endorsement of the Legislative Council
and report such appointment or removal to the Standing Committee
of the National People's Congress for the record.
Article 91
The Hong Kong Special Administrative Region shall maintain the
previous system of appointment and removal of members of the judiciary
other than judges.
Article 92
Judges and other members of the judiciary of the Hong Kong Special
Administrative Region shall be chosen on the basis of their judicial
and professional qualities and may be recruited from other common
law jurisdictions.
Article 93
Judges and other members of the judiciary serving in Hong Kong
before the establishment of the Hong Kong Special Administrative
Region may all remain in employment and retain their seniority with
pay, allowances, benefits and conditions of service no less favourable
than before.
The Government of the Hong Kong Special Administrative Region shall
pay to judges and other members of the judiciary who retire or leave
the service in compliance with regulations, including those who
have retired or left the service before the establishment of the
Hong Kong Special Administrative Region, or to their dependants,
all pensions, gratuities, allowances and benefits due to them on
terms no less favourable than before, irrespective of their nationality
or place of residence.
Article 94
On the basis of the system previously operating in Hong Kong, the
Government of the Hong Kong Special Administrative Region may make
provisions for local lawyers and lawyers from outside Hong Kong
to work and practise in the Region.
Article 95
The Hong Kong Special Administrative Region may, through consultations
and in accordance with law, maintain juridical relations with the
judicial organs of other parts of the country, and they may render
assistance to each other.
Article 96
With the assistance or authorization of the Central People's Government,
the Government of the Hong Kong Special Administrative Region may
make appropriate arrangements with foreign states for reciprocal
juridical assistance.
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