Text proposed by the BLDC Special Groups
—
of
2.4
see
2.4 [ Article regarding the jurisdiction
the SAR's courts yet to be agreed, Annex to this section for some proposed wording.]
(3) The appointment and removal of judges and
other judicial officers
3.1 Judges of the Hong Kong SAR courts shall be appointed by the chief executive of the Hong Kong SAR acting
3.2
3.3
in accordance with the recommendation of an independent commission composed of local judges, persons from the legal profession and other eminent persons.
A judge of the Hong Kong SAR courts may only be removed for inability to discharge the functions of his office, or for misbehaviour, by the chief executive of the Hong Kong SAR acting in accordance with the recommendation of a tribunal appointed by the chief judge of the court of final appeal, consisting of not fewer than three local judges.
In
addition to the procedures prescribed in Articles 3.1 and 3.2 of this section, the appointment or removal of judges of the court of final appeal and the chief
judge of the Supreme Court of the Hong Kong SAR shall be made by the chief executive with the endorsement of the Hong Kong SAR legislature and reported to the Standing Committee of the NPC for the record.
(3) The
Our proposed text
Acts of state shall not be justiciable, but the courts of the Hong Kong SAR may determine whether any executive act, including an act done in the conduct of foreign or defence affairs, is an act of state. Where any matter is determined by the
the courts to be of the nature of a fact of state, proof of that matter shall be by way of certificate by the
by the chief executive of the Hong Kong SAR, which shall be binding on the courts.
appointment and removal of judges and other judicial officers
3.1 Judges of the Hong Kong SAR courts shall be appointed by the chief executive of the Hong Kong SAR acting in accordance with the recommendation of an independent commission composed of local judges, persons from the legal profession and other eminent persons.
3.2
A judge of the Hong Kong SAR courts may only be removed for inability to discharge the functions of
of his office, or for misbehaviour, by the chief executive of the Hong Kong SAR acting in accordance with the recommendation of a tribunal appointed by the chief judge of the court of final appeal, consisting of not fewer than three local judges.
SECRET
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