TNAG-1861-FCO40-2636-Future-of-Hong-Kong-Basic-Law-1989 — Page 34

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Article 84

28

The courts of the Hong Kong SAR exercise judicial

interference.

power independently and free from any

Members of the judiciary are inmune from legal action in respect of their judicial functions.

Article 85

by jury previously

The principle of trial practised in Hong Kong shall be maintained.

Article 86

In criminal or civil proceedings in the Hong Kong SAR, the principles previously applied in Hong Kong and the

rights previously enjoy ed by the parties to the proceedings

shall be maintained.

All persons shall, after being lawfully arrested, enjoy the right to a fair trial by the judicial organs as

early as possible. They shall be assumed innocent until

the judicial organs find them guilty.

Article 87

Judges of the courts of the Hong Kong SAR shall be

appointed by the Chief Executive acting in accordance with

the recommendation of an independent commission composed of local judges, persons from the legal profession and other

eminent persons.

Article 88

Kong SAR Kong SAR may be

functions of his

A judge of a court of the Hong the Hong

removed for inability to discharge the

office, or for misbehaviour, by the Chief Executive acting.

accord an ce with the recommendation of a tribunal

appointed by the Chief Justice of the Court of Final Appeal

and consisting of no fewer than three local judges.

in

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