TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 98

dereliction of duty

If the Chief Executive refuses to resign, the Legislative Council may, after passing a motion for investigation, give a mandate to the Chief Justice of. the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the

to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-third majority of all its members and report it

it to the Central People's Government for decision.

(d) Appointing judges

(i) To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court.

(e) Others

(i) To receive and deal with complaints from Hong Kong

residents.

(ii) To summon, as required when exercising the above-

mentioned powers and functions,

to testify or give evidence.

persons concerned

[Article 73]

THE

V. JUDICIARY

The Court of Final Appeal,

the High Court, District

Courts, magistrates' courts and other special courts shall be established to exercise the judicial powers the HKSAR. [Article 81]

(1) Major Judicial Principles

of

(a) All courts

shall

exercise judicial power

independently and be free from any interference. [Article 85]

(b) The principle of trial by jury shall be

maintained. [Article 86]

be judicial

(c) Anyone who is lawfully arrested shall have the

right

a fair trial without delay and shall presumed innocent until convicted by the

[Article 87, Para. 2]

organs.

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