THURSDAY, OCTOBER 18, 1984
MR THOMAS THEN PROCEEDED TO TEST THE FOLLOWING SECTIONS OF ANNEX | AGAINST THOSE REQUIREMENTS:
(1)
(2)
(3)
(4)
(5)
(6)
THE RIGHTS OF INDIVIDUALS AND RIGHTS OF PROPERTY MUST BE SAFEGUARDED.
SEE NOW SECTION XIII OF ANNEX I WITH ITS DETAILED PROVISIONS FOR THE MAINTENANCE OF RIGHTS AND FREEDOMS, AND THE IMPORTANT PROVISION AT THE BEGINNING OF SECTION VI ABOUT PROPERTY RIGHTS,
THE GOVERNMENT MUST BE SUBJECTED TO THE JURISDICTION OF THE ORDINARY COURTS AT THE INSTANCE OF THE ORDINARY CITIZEN.
THAT IS PROVIDED EXPRESSLY IN SECTION XIII. +EVERY PERSON SHALL HAVE THE RIGHT TO CHALLENGE THE ACTIONS OF THE EXECUTIVE IN THE COURTS+.
THE INDEPENDENCE OF THE JUDICIARY AND THE LEGAL PROFESSION SHOULD BE SAFEGUARDED.
SECTION 111 PROVIDES FOR THE MAINTENANCE OF THE JUDICIAL SYSTEM, WITH DETAILED PROVISIONS TO SAFEGUARD THE INDEPENDENCE OF THE JUDICIARY, AND FOR THE CONTINUED EXISTENCE OF THE LEGAL PROFESSIONS.
AN INDEPENDENT, PROFESSIONAL PROSECUTING AUTHORITY SHOULD BE ENSURED.
SECTION 111 EXPRESSLY PROVIDES THAT A PROSECUTING AUTHORITY OF THE HONG KONG SAR WILL CONTROL CRIMINAL PROSECUTIONS FREE FROM ANY INTERFERENCE.
AN INDEPENDENT BODY SIMILAR TO THE JUDICIAL SERVICES COMMISSION, SHOULD EXIST TO ADVISE ON JUDICIAL APPOINTMENTS. APPOINTMENTS TO THE JUDICIARY SHOULD BE ON THE BASIS OF MERIT, FREE OF EXTERNAL INFLUENCE AND NON-POLITICAL.
J
THESE IMPORTANT POINTS ARE SECURED IN SECTION 11, WHICH PROVIDES FOR AN INDEPENDENT COMMISSION TO ADVISE ON APPOINTMENTS, WHICH ARE TO BE MADE ON THE BASIS OF 'JUDICAL' QUALITIES.
REMOVAL OF JUDGES SHOULD ONLY BE ON THE GROUNDS OF INABILITY OR MISBEHAVIOUR, AND ONLY ON THE RECOMMENDATION OF AN INDEPENDENT TRIBUNAL.
THIS IS SECURED IN SECTION 11, WHICH PROVIDES FOR THE ESTABLISHMENT OF A TRIBUNAL OF LOCAL JUDGES TO DECIDE WHETHER THESE GROUNDS FOR REMOVAL EXIST.
/(7) MEMBERS OF