TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 99

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

(d) The power of final adjudication shall be vested in the Court of Final Appeal of the HKSAR, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. [Article 82]

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(e) The courts shall adjudicate cases in accordance with the laws applicable in the HKSAR prescribed in the Basic Law and may refer to precedents of other

other common law jurisdictions. [Article 84]

(2) Appointment and Removal of Judges

(a) Judges shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors. [Article 88]

(b) A judge of a court of the HKSAR may be removed for inability to discharge his or her duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal appointed by the Chief Justice of the Court of Final Appeal and consisting of not fewer than three local judges. [Article 89, Para. 1]

(c) The Chief Justice of the Court of Final Appeal of the HKSAR may be investigated only for inability to discharge his or her duties, or for misbehaviour, by a tribunal appointed by the Chief Executive and consisting of

of not fewer than five local judges and may be removed by the Chief Executive on the recommendation of the tribunal and in accordance with the procedures prescribed in the Basic Law. [Article 89, Para. 2]

(d) In the case of the appointment and removal of judges of the Court of Final Appeal and the Chief Judge of the High Court, the Chief Executive shall obtain the endorsement of the Legislative Council and report such appointment or removal to the Standing Committee of the National People's Congress for the record. [Article 90, Para. 2]

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