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Article: Judicial Independence under the Basic Law?

TitleJudicial Independence under the Basic Law?
Authors
Issue Date2004
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2004, v. 34 n. 2, p. 279-302 How to Cite?
AbstractThe Basic Law of the Hong Kong Special Administrative Region (the Basic Law) provides that the judiciary must exercise its power independently, free from any interference, that its members enjoy judicial immunity, and that judges be given tenure to ensure their independence. The Basic Law has embodied the doctrine of separation of powers by vesting specific powers in the Executive Government, Legislative Council, and judiciary respectively. It provides that judges be appointed by the Chief Executive on the recommendation of an independent commission, and that only the judiciary may exercise the judicial power of the HKSAR. These provisions were enacted to safeguard judicial independence. However, as regards members of the judiciary other than judges, the Basic Law maintains the previous system of appointment and removal. Under this system, the Chief Justice appoints deputy magistrates and deputy District Court and High Court judges, and the Chief Executive appoints permanent magistrates by warrant and temporary High Court judges as recorders. The power to appoint also includes the power to dismiss or suspend. It is argued that these practices violate the doctrine of judicial independence under the Basic Law, and accordingly should be replaced so as to ensure judicial independence in all judicial appointments.
Persistent Identifierhttp://hdl.handle.net/10722/81798
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorHsu, BFCen_HK
dc.date.accessioned2010-09-06T08:22:06Z-
dc.date.available2010-09-06T08:22:06Z-
dc.date.issued2004en_HK
dc.identifier.citationHong Kong Law Journal, 2004, v. 34 n. 2, p. 279-302en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/81798-
dc.description.abstractThe Basic Law of the Hong Kong Special Administrative Region (the Basic Law) provides that the judiciary must exercise its power independently, free from any interference, that its members enjoy judicial immunity, and that judges be given tenure to ensure their independence. The Basic Law has embodied the doctrine of separation of powers by vesting specific powers in the Executive Government, Legislative Council, and judiciary respectively. It provides that judges be appointed by the Chief Executive on the recommendation of an independent commission, and that only the judiciary may exercise the judicial power of the HKSAR. These provisions were enacted to safeguard judicial independence. However, as regards members of the judiciary other than judges, the Basic Law maintains the previous system of appointment and removal. Under this system, the Chief Justice appoints deputy magistrates and deputy District Court and High Court judges, and the Chief Executive appoints permanent magistrates by warrant and temporary High Court judges as recorders. The power to appoint also includes the power to dismiss or suspend. It is argued that these practices violate the doctrine of judicial independence under the Basic Law, and accordingly should be replaced so as to ensure judicial independence in all judicial appointments.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleJudicial Independence under the Basic Law?en_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=34&issue=2&spage=279&epage=302&date=2004&atitle=Judicial+Independence+under+the+Basic+Law?en_HK
dc.identifier.emailHsu, BFC: bhsu@hkucc.hku.hken_HK
dc.identifier.authorityHsu, BFC=rp01002en_HK
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros94056en_HK
dc.identifier.volume34-
dc.identifier.issue2-
dc.identifier.spage279-
dc.identifier.epage302-

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