XN000022-1996-05-13 — Page 9

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The Basic Law makes it quite clear that the courts will continue to operate independent of the Executive and the Legislative Councils. Furthermore, the Basic Law sets out very clearly the procedures for the appointment of judges of the courts of the Hong Kong SAR after 30 June 1997. Essentially, the current system for appointing judges will be maintained after 1997. The Basic Law provides that judges shall be appointed by the Chief Executive on the recommendation of an independent I stress an independent commission, composed of local judges, persons from the legal profession and eminent persons from other sectors. This Commission will, under the Basic Law, be known as the Judicial Officers Recommendation Commission. Other than the change of name, the procedures for the appointment of judges will remain the same.

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Furthermore, judges can only be removed for inability to discharge the functions of his office or for misbehaviour and can only be so removed after an investigation has been carried out by a tribunal appointed by the Governor. This is the current system and this system will continue after 1997.

A delegate from Pakistan: Thank you very much, but I will ask: Who will appoint the members of the Commissions who will select the judges? The judges will be selected by the Commission.

Chief Secretary: The judges will be, as it were, approved by the Chief Executive on the recommendation of a Judicial Officers Recommendation Commission which will be an independent commission.

A delegate from Pakistan: But how it will be independent? Who will appoint the members of that Commission?

Chief Secretary: The members of the Commission will be considered by the Chief Executive.

A delegate from Pakistan: The Chief Executive will represent the Mainland Government?

Chief Secretary: No, no, the Chief Executive is a Hong Kong Permanent Resident who has had no less than 20 years permanent residence here in Hong Kong, who is a Chinese national and who will be, as it were, elected. Currently, the Preparatory Committee is putting together a selection committee that will select the Chief Executive. But the Chief Executive will not be an official sent from Mainland China, he or she will be firmly a person from Hong Kong.