The
Hong Kong courts are operated by the Hong Kong Judiciary which is independent
of both
the Executive and the Legislature of the HKSAR Government. The Chief
Justice of the Court of Final Appeal is the head of the Judiciary, both
in a judicial and an administrative sense. Under the Basic Law, judges
are appointed by the Chief Executive of the HKSAR on the recommendation
of the Judicial Officers Recommendation Commission. This is an independent
statutory body, constituted under the Judicial Officers Recommendation
Commission
Ordinance (Cap 92), which is composed of local judges, persons
from the legal profession and reputable persons from other sections.
All judges and magistrates must have been qualified as legal practitioners
either in Hong Kong or in another common law jurisdiction and have had
substantial professional experience.
The Basic Law stipulates that a judge 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. This tribunal consists
of not fewer than three local judges. In the case of dismissal
of the Chief Justice, the tribunal (appointed by the Chief Executive
instead of the Chief Justice) must
consist of not fewer than five local judges. In addition, before a
judge of the Court of Final Appeal or the Chief Judge of the High Court
may be removed from office, the Basic Law stipulates that the endorsement
of the Legislative Council is required. |