chinadaily.com.cn
    Home
    News
    Celebration
    HK Today
    HK in Retrospect
    Video
    Photo
    Search
    HK 10 Years > Key Documents

    Basic law of HKSAR
    (www.info.gov.hk)

    Section 4 : The Judiciary

    Article 80

    The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region.

    Article 81

    The Court of Final Appeal, the High Court, district courts, magistrates' courts and other special courts shall be established in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of Appeal and the Court of First Instance.

    The judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region.

    Article 82

    The power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal.

    Article 83

    The structure, powers and functions of the courts of the Hong Kong Special Administrative Region at all levels shall be prescribed by law.

    Article 84

    The courts of the Hong Kong Special Administrative Region shall adjudicate cases in accordance with the laws applicable in the Region as prescribed in Article 18 of this Law and may refer to precedents of other common law jurisdictions.

    Article 85

    The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions.

    Article 86

    The principle of trial by jury previously practised in Hong Kong shall be maintained.

    Article 87

    In criminal or civil proceedings in the Hong Kong Special Administrative Region, the principles previously applied in Hong Kong and the rights previously enjoyed by parties to proceedings shall be maintained.

    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.

    Article 88

    Judges of the courts of the Hong Kong Special Administrative Region 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 89

    A judge of court of the Hong Kong Special Administrative Region may only 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.

    The Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region 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 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 this Law.

    Article 90

    The Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country.

    In the case of the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to following the procedures prescribed in Articles 88 and 89 of this Law, 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 91

    The Hong Kong Special Administrative Region shall maintain the previous system of appointment and removal of members of the judiciary other than judges.

    Article 92

    Judges and other members of the judiciary of the Hong Kong Special Administrative Region shall be chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions.

    Article 93

    Judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before.

    The Government of the Hong Kong Special Administrative Region shall pay to judges and other members of the judiciary who retire or leave the service in compliance with regulations, including those who have retired or left the service before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence.

    Article 94

    On the basis of the system previously operating in Hong Kong, the Government of the Hong Kong Special Administrative Region may make provisions for local lawyers and lawyers from outside Hong Kong to work and practise in the Region.

    Article 95

    The Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other.

    Article 96

    With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance.

    Section 5 : District Organizations

    Article 97

    District organizations which are not organs of political power may be established in the Hong Kong Special Administrative Region, to be consulted by the government of the Region on district administration and other affairs, or to be responsible for providing services in such fields as culture, recreation and environmental sanitation.

    Article 98

    The powers and functions of the district organizations and the method for their formation shall be prescribed by law.

    Section 6 : Public Servants

    Article 99

    Public servants serving in all government departments of the Hong Kong Special Administrative Region must be permanent residents of the Region, except where otherwise provided for in Article 101 of this Law regarding public servants of foreign nationalities and except for those below a certain rank as prescribed by law.

    Public servants must be dedicated to their duties and be responsible to the Government of the Hong Kong Special Administrative Region.

    Article 100

    Public servants serving in all Hong Kong government departments, including the police department, before the establishment of the Hong Kong Special Administrative Region, may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before.

    Article 101

    The Government of the Hong Kong Special Administrative Region may employ British and other foreign nationals previously serving in the public service in Hong Kong, or those holding permanent identity cards of the Region, to serve as public servants in government departments at all levels, but only Chinese citizens among permanent residents of the Region with no right of abode in any foreign country may fill the following posts: the Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise.

    The Government of the Hong Kong Special Administrative Region may also employ British and other foreign nationals as advisers to government departments and, when required, may recruit qualified candidates from outside the Region to fill professional and technical posts in government departments. These foreign nationals shall be employed only in their individual capacities and shall be responsible to the government of the Region.

    Article 102

    The Government of the Hong Kong Special Administrative Region shall pay to public servants who retire or who leave the service in compliance with regulations, including those who have retired or who have left the service in compliance with regulations before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence.

    Article 103

    The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Hong Kong's previous system of recruitment, employment, assessment, discipline, training and management for the public service, including special bodies for their appointment, pay and conditions of service, shall be maintained, except for any provisions for privileged treatment of foreign nationals.

    Article 104

    When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China.


     12345678910111213  

    Theme Song of the 10th Anniversary of HKSAR
    Hong Kong Handover - Flag ceremony
    British Retreat
    Hong Kong Handover - Prince Charles' Speech
    Hong Kong Handover - Jiang Zemin's speech
    Hong Kong Handover - honor guards and leaders
    More Video
         

    Copyright 1995-2007. All rights reserved.
    The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC).
    Without written authorization from CDIC, such content shall not be republished or used in any form.

     

     

    国产在线无码精品电影网| 无码人妻少妇伦在线电影| 亚洲精品人成无码中文毛片| 蜜桃AV无码免费看永久| 久久综合一区二区无码| 亚洲国产AV无码专区亚洲AV | 国产欧美日韩中文字幕| 99无码人妻一区二区三区免费| 一二三四在线观看免费中文在线观看| 在线综合亚洲中文精品| 激情无码人妻又粗又大中国人| 中文字幕日韩欧美| 中文字幕免费观看| 中文在线天堂网WWW| 日韩精品无码Av一区二区| 69天堂人成无码麻豆免费视频| 无码精品人妻一区二区三区人妻斩| 区三区激情福利综合中文字幕在线一区 | 99精品一区二区三区无码吞精| 亚洲欧洲日产国码无码网站| 中文字幕精品久久| 欧美中文字幕一区二区三区| 中文字幕人妻丝袜乱一区三区| 欧美乱人伦中文字幕在线| 中文无码喷潮在线播放| 无码AV大香线蕉| 中文字幕精品无码久久久久久3D日动漫| 精品无码三级在线观看视频| 久久无码人妻精品一区二区三区 | 人妻无码第一区二区三区| 无码人妻精品一区二区三区99仓本 | 国产真人无码作爱免费视频| 人妻无码αv中文字幕久久| 日韩人妻无码中文字幕视频| 亚洲精品无码久久久久久| 亚洲精品~无码抽插| 亚洲A∨无码一区二区三区| 少妇伦子伦精品无码STYLES | 国产成人午夜无码电影在线观看| 性无码免费一区二区三区在线 | 亚洲Av无码乱码在线观看性色|