interference; and provision is made for the appointment of judges on the recommendation of an independent commission composed of judges, lawyers and other "eminent persons". The removal of a judge is subject to the recommendation of a tribunal of judges and a judge may only be removed for inability to discharge his duties or for misbehaviour. The appointment and removal of the two most senior judges requires the endorsement of the Legislature and must be reported to the Standing Committee of the NPC for the record. Jury trial is to be continued, and the principles applied hitherto in civil and criminal proceedings are to be maintained. It is expressly provided that "anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs" [66]
The Laws
40.
The Basic Law includes a number of provisions about the law which is to be in force in the SAR. The laws are to be the Basic Law itself (which is of a constitutional nature and of a superior status to any law made in the SAR), the "national laws" specified or to be specified in Annex III to the Basic Law, the laws enacted by the SAR legislature and, subject to certain exceptions, the laws previously in force in Hong Kong. provisions of the PRC Constitution are also to apply to, or in relation to, the SAR, but, as we have seen, the Basic Law, like the Joint Declaration, makes no reference to this, possibly because the Chinese draftsmen considered the point too self evident to require to be expressed.
The institutional
41.
The laws presently in force in Hong Kong are those laws of the United Kingdom which have been expressly extended (with or without modification) by the United
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