TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 210

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Chapter IV The Political

System of the Hong Kong SAR

Section 4 The Judicial Organs

Our proposed text

Text proposed by the BLDC Special Groups

1.1

(1) The structure of the judicial organs

The judicial organs of the Hong Kong SAR shall consist of such courts and other judicial bodies as may be established by law by the Hong Kong SAR.

SAR,

1.2 After the establishment of the Hong

Kong

the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong SAR of the power of final adjudication.

(2) The powers and duties of the judicial organs

The powers

and duties of the courts of the Hong Kong SAR shall be prescribed by the law of the Hong Kong SAR.

2.1

2.2

2.3

The power of final judgment of the Hong Kong SAR shall be vested in the court of final appeal in the Hong Kong SAR, which may as required invite judges from other common law jurisdictions to sit on the court of final appeal.

SAR

Judicial power in the Hong Kong shall be vested in the courts of the Hong Kong SAR. The courts shall decide cases in accordance with the laws of the Hong Kong SAR and may refer to precedents in jurisdictions.

other

common

law

(1) The structure of the judicial organs

The judicial

1.1

1.2

judicial organs of the Hong Kong SAR shall consist of such courts and other judicial bodies (hereinafter referred to as the courts) as may be established by law by the Hong Kong SAR legislature.

After the establishment of the Hong Kong SAR, the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong SAR of the power of final adjudication.

(2) The powers and duties of the judicial organs

2.1

SECRET

15

2.2

2.3

The powers and duties of the courts of the Hong Kong SAR shall be those conferred upon them by the law of the Hong Kong SAR.

The power of final judgment of the Hong Kong SAR shall be vested in the court of final appeal in the Hong Kong SAR, which may as required invite judges from other common law jurisdictions to sit on the court of final appeal.

Judicial power in the Hong Kong

shall be Hong Kong cases in

SAR vested in the courts of the SAR. The courts shall decide accordance with the

the laws of

the Hong Kong SAR and may refer to precedents in

jurisdictions.

other

common

law

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