Article
CONFIDENTIAL
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10-
Problem
(c) On para. 2, there is a risk that the CE could, if he so wished, "pack" the tribunal to achieve the results he wanted in regard to the removal of the Chief Justice of the CFA. It would be more reassuring if the judges eligible to sit on the tribunal had to be of fairly high rank, e.g. judges of the Court of Appeal or, if available, judges of the Court of Final Appeal.
Suggested Solution
office, or for misbehaviour, by a tribunal appointed by the CE and consisting of no fewer than five local judges not lower than the rank of High Court judges and may only be removed by the CE on the recommendation of the tribunal and in accordance with the procedures prescribed in this Law."
Chapter V : Economy
Art. 104
Remarks
000
GUVI HUUSE
MK
(a) "In accordance with law" in
para. 1 is inconsistent with the wording of JD 86.
(b) Unclear whether ownership of
enterprises and investments from outside the SAR will enjoy the same protection accorded to private property under paras. 1 and 2.
(a)-(b)
"The Hong Kong SAR shall protect by law rights concerning the ownership of property, including the acquisition, use, disposal and inheritance of property as well as the right to compensation for the lawful deprivation of property. Ownership of enterprises and investments from outside the Region shall be protected in the same way.
Channels :
Zheng Weirong
BLDC/BLCC interlocutors Legal experts meeting
Actions taken:
This has been raised briefly with Zheng Weirong.
CONFIDENTIAL
89 10-26 12:08
PHGE ØJ
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