TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 109

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Article & Paragraph

Text in the draft BL

Art. 80, Para. 2

Art. 87

Art. 89

"The judicial system previously in practice ..."

"Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission

"In addition to the procedures prescribed in Articles 87 and 88 of this Law, the appointment and removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be made by the Chief Executive with the endorsement of the Legislative Council of the Region and reported to the Standing Committee of the National People's Congress for the record."

CONFIDENTIAL

Suggested text

"The judicial system previously practised ..."

"Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive acting in accordance with the recommendation of an independent commission

"In the case of the appointments and removals of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to the procedures prescribed in Articles 87 and 88 of this Law, obtain the endorsement of the Legislative Council of the Hong Kong Special Administrative Region and shall report such appointments and removals to the Standing Committee of the National People's Congress for the record."

Remarks

To draw on the language of the first paragraph of Section III of Annex I to the JD.

To draw on the language of the third paragraph of Section III of Annex I to the JD.

The revised translation will remove the ambiguity that Article 89 is an alternative to Articles 87 and 88 as a method to appoint and remove the judges concerned.

CONTIN

CONFIDENTIAL

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