5
(a)
CONFIDENTIAL
The CFA would be composed of five judges, including the CJ and three other permanent judges (who would concurrent judicial appointments in other The fifth judge would be provided from a
not hold
courts).
list of non-permanent Hong Kong judges; or from a list of
Overseas judges, at the
non-permanent
discretion of the CJ. This would allow an overseas
be
other
judge to be invited by the CJ in the case of genuine need. Non permanent Hong Kong judges would
selected from retired Chief Justices and retired
permanent judges of the CFA or present or retired Justices of Appeal of Hong Kong while non-permanent
Overseas judges would be selected from judges in common law jurisdictions who were serving in,
who had retired from courts with unlimited
criminal or civil jurisdiction. In addition, legal
restriction would be made whereby if any permanent
judge vas unable to serve for reasons of sickness,
leave or judicial requisition, he or she would have
replaced by a Hong Kong judge on the list of
non-permanent Hong Kong judges.
Or
.to be
(e) Сл the need for a post adjudication remedial
mechanism to ensure that miscarriage of justice in
final judgment could be redressed, the two sides
agreed that detailed matters relating to this could
be discussed at a later stage.
CONFIDENTIAL
:
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