TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 213

Text proposed by the BLDC Special Groups

(5) The Jury system

as

The principles of the jury system previously practised in Hong Kong shall be maintained in the Hong Kong SAR.

(6) Principles of conduct of legal proceedings

6.1 A prosecuting authority of the Hong Kong SAR shall control criminal prosecutions free from any interference.

6.2

6.3

The principles to be applied to the conduct of criminal and civil proceedings in the HK SAR shall be those applied previously in Hong Kong.

The defendant in criminal proceedings shall be protected by the principles of defence in Article 14 of the on Civil and

International Covenant Political Rights.

(7) Juridical links with other areas of China

The

SAR Hong Kong

and [other] provinces, autonomous regions and municipalities shall in accordance with the laws of both sides and through agreement render reciprocal juridical assistance to each other.

(8) Reciprocal juridical assistance

The Central People's Government of the People's Republic of China shall assist or authorise the Hong

the Hong Kong SAR Government to ke appropriate arrangements for reciprocal

idical assistance with foreign states.

Our proposed text

(4) Judicial independence

4.1

4.2

The courts of the Hong Kong SAR shall exercise judicial power independently and free from any

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

All persons shall be equal before the courts and other judicial bodies of the Hong Kong SAR.

(5) The Jury system

The

of principles

the jury system as previously practised in Hong Kong shall maintained in the Hong Kong SAR.

be

(6) Principles of conduct of legal proceedings

the

6.1 A prosecuting authority of

Hong Kong SAR shall control criminal prosecutions free from any interference.

6.2

SECRET

18

The following principles shall apply to the conduct of criminal proceedings in the HK SAR

(a) Everyone shall be entitled to a fair and public hearing by a competent,

independent

and impartial judicial body established by law;