TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 212

+

Text proposed by the BLDC Special Groups

3.4

3.5

The previous system of appointment and removal of judicial officers of the Hong Kong SAR other than judges shall be maintained.

Judges and other judicial officers the

of

Hong Kong SAR shall be chosen by reference to their judicial qualities and may be recruited from other common law jurisdictions.

3.6 After the establishment of the Hong

other SAR, judges and Kong

judicial officers previously serving in Hong Kong may all remain in employment and continue their service with their seniority

and retained,

with pay, allowances, benefits and conditions of service no less favourable than before.

3.7

or

The Hong Kong SAR Government shall pay to those judges and judicial officers who retire

leave the service in compliance with regulations, as well as those who have retired before the establishment of the Hong Kong SAR, or

all their dependents,

pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, and irrespective of their nationality or place of residence.

to

(4) Judicial independence

power

The courts of the Hong Kong SAR shall exercise judicial

independently and free from any interference. Members of the judiciary shall be immune from legal action in respect of their judicial functions.

3.3 In

3.4

3.5

Our proposed text

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 of the Hong Kong SAR shall be made by

chief by the

executive with the endorsement of the

Kong and legislature

to reported Standing Committee of the NPC for record.

of

judicial

Hong

SAR

the

the

The previous system of appointment and removal

officers of the Hong Kong SAR other than judges shall be maintained.

reference

Judges and other judicial officers of the Hong Kong SAR shall be chosen by to their judicial qualities and may be recruited from other common law jurisdictions.

3.6

After

3.7

the

establishment of the Hong Kong SAR, judges and other judicial officers

in serving

Hong

previously

their

Kong may all remain in employment and continue

service allowances, benefits and service no less favourable than before.

with pay, conditions of

shall pay

Government The Hong Kong SAR to those judges and judicial officers who retire or leave the service in compliance with regulations, as well as those who have retired before the establishment of the Hong Kong SAR, or to their

all dependents,

pensions, gratuities, allowances and benefits due them on terms no less favourable than before, and irrespective of their nationality or place of residence.

BECRETS

17