MESSAGE

         My Policy Programme includes Legal Aid, the Administrative Redress System and Intra-Governmental Services. For the coming year, we will ensure the provision of quality legal aid services to people with limited means and who have reasonable grounds for pursuing a legal action. We will also ensure that we will provide efficient, independent and impartial avenues for appeals, complaints and redress against administrative decisions, and will enhance the efficiency in the management of government records.

         The Business and Services Promotion Unit, which works directly to the Financial Secretary, came into operation in May 1997. The Unit's targets, overviews and new commitments are put together with my Policy Programme for ease of reference.

         To help us improve our quality of service, we welcome your comments and suggestions.

(Mrs Carrie Yau)
Director of Administration

INTRODUCTION

         The Hong Kong Special Administrative Region (HKSAR) Government is committed to ensuring that it is open and fully accountable to the people of Hong Kong. Policies, aims and programmes must be clear to all so that the Government can be accountable for their delivery. With greater clarity of purpose and accessibility, the public can better assess our performance and help us improve our quality of service.

         The Policy Programmes, which underpin the Policy Address delivered by the Chief Executive in October 1997, explain the objectives and ongoing work of each Policy Bureau and its supporting departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, and their proposed new commitments for the coming year. They are set out in three sections:

• Objectives state the overall objectives of the Government, according to each programme area, in particular, responsibilities in relation to implementing the Basic Law are spelt out.

• Major Programme Areas list the aims and the important features of each programme area. An overview of the current situation and key performance indicators are given. This section also sets out the Government's new commitments for the coming year.

• Into the 21st Century describes the vision of the Government for a better Hong Kong as we enter the 21st Century and the plans we are making to meet our long-term needs.

Objectives

         The Government's objectives are:

• to ensure that legal aid services are provided for people with limited means and who have reasonable grounds for pursuing or defending a legal action;

• to provide independent and impartial avenues for appeals, complaints and redress against administrative decisions;

• to work in partnership with the Legislature (the Provisional Legislative Council and the first Legislative Council to be elected in 1998) to make sure that legislative and financial proposals put forward by the Government receive timely and full attention;

• to administer government records efficiently by formulating and implementing policies and plans for records and archives management; and

• to perform a supportive and advisory role in helping business and promoting services.

Implementing the Basic Law

         Of the requirements arising from the relevant articles of the Basic Law listed at Annex, it is particularly important for us, in line with Articles 25 and 35, to continue to ensure that, under our legal aid system, no one is denied access to justice because of a lack of means and that legal aid remains an integral part of the administration of justice and the rule of law in Hong Kong.

         Hong Kong is the ideal centre for international business. It is most important to note that Articles 109, 118 and 119 ensure that local and overseas companies receive exactly the same kind of support without any discrimination and we will continue to bring together leading figures from academic, business and government circles to ensure maximum support, minimum intervention for the business community.

Back to INTRODUCTION

Major Programme Areas

         The Administration Wing of the Chief Secretary for Administration's Office is responsible for four major programme areas:

1. Granting Legal Aid;

2. Providing an Independent and Impartial Administrative Redress System;

3. Working with the Legislature; and

4. Maintaining the Government Records Service.

         The Business and Services Promotion Unit of the Financial Secretary's Office is responsible for two major programme areas:

5. Helping Business; and

6. Services Promotion.

A. Granting Legal Aid

Aims

         The Government's aims are:

• to meet the requirement of the Bill of Rights Ordinance that any person charged with a criminal offence is entitled to legal aid if such aid is in the interests of justice;

• to ensure that any person who has reasonable grounds for pursuing or defending a civil legal action is not prevented from doing so by a lack of means;

• to operate a Supplementary Legal Aid Scheme (SLAS) to help the "sandwich class" whose resources exceed the financial eligibility limit under the ordinary legal aid scheme but are not sufficient to meet the high costs of conducting litigation on a private basis; and

• to work closely with the Legal Aid Services Council (LASC).

Overview

Processing of Legal Aid Applications

         An applicant for legal aid has to pass a means test and a merit test (applicable to civil cases and criminal appeals only) before being granted legal aid.

         The Application and Processing Division of the Legal Aid Department (LAD), which is responsible for processing legal aid applications, is being strengthened and re-structured with a view to shortening the processing time. The responsibility of means-testing is being transferred from the Social Welfare Department to the LAD. This will also help shorten the processing time required.

Litigation Services

         At present about two-thirds of legally aided cases are assigned out to practitioners in private practice. Since April 1997, a set of criteria has been introduced in the assignment system. The new system has the endorsement of the LASC and has been publicised to the legal profession.

         The Application and Processing Division, and the Criminal Section of the Litigation Division of the LAD have the duty to systematically monitor cases assigned to private practitioners.

Legal Aid Policy Review

         A review of legal aid policy is being conducted to consider whether the approach for assessing the financial capacity of legal aid applicants is appropriate to the present-day circumstances.

Legal Aid Services Council

         The LASC is a statutory body tasked with advising the Government on legal aid policy and overseeing the administration of legal aid services provided by the LAD. We will continue to work closely with the LASC.

         The LASC is examining the desirability and feasibility of the establishment of an independent legal aid authority. Consultants will be commissioned to assist. We will also provide as much support as we can.

Duty Lawyer Service

         The Duty Lawyer Service operates three legal aid schemes, namely:

• the Duty Lawyer Scheme which provides legal representation to defendants who are charged and brought before a magistrate;

• the Legal Advice Scheme which provides members of the public free legal advice at legal advice centres located in the District Offices; and

• the Tel-Law Scheme which provides members of the public with taped legal information by telephone.

Key Indicators

Processing of Legal Aid Applications

         The following are the key indicators for 1996-97:

Litigation Services

         In 1996-97,

• the number of legally aided cases handled were:

• damages recovered were $639 million; and

• costs recovered were $110 million.

Duty Lawyer Service

         In the calendar year of 1996, 39 192 persons received legal representation under the Duty Lawyer Scheme. The Legal Advice Scheme provided advice in 5 016 cases. A total of 193 671 calls were received by the Tel-Law Scheme.

New Commitments

Processing of Legal Aid Applications

1. An internal audit team will be set up in the LAD in 1998-99 to audit the means-testing of legal aid applications. The Application and Processing Division will be strengthened and restructured. Coupled with the transfer of responsibility of means-testing legal aid applicants, the time for processing an application will be expedited. The LAD will launch its Second Performance Pledge before the end of 1997.

Litigation Services

2. The internal audit team to be set up in the LAD in 1998-99 will also be responsible for auditing the assignment system. A working group will be set up in the Department in the second half of 1997 to study the best way of monitoring assigned out cases, including progress monitoring and cost control. The LASC ill be consulted.

Legal Aid Policy Review

3. We will begin our consultation on the preliminary findings and recommendations of the review before the end of 1997.

Duty Lawyer Service

4. Additional staffing resources will be provided to the Duty Lawyer Scheme in order to further improve the services. The Legal Advice Scheme will also be extended by opening one additional centre at the Islands District Office and one extra session at the Wanchai District Office.

B. Providing an Independent and Impartial Administrative Redress System

Aim

         The aim of the Government is to provide independent and impartial avenues for appeals and complaints against administrative decisions and measures. These avenues include the Chief Executive-in-Council, the Administrative Appeals Board, the Municipal Services Appeals Boards and the Ombudsman.

Overview

         The Chief Executive-in-Council is empowered to decide on petitions against administrative decisions made under those ordinances which confer a statutory right of appeal. The Administrative Appeals Board and the Municipal Services Appeals Boards are independent appeals boards. The Administrative Appeals Board handles statutory appeals against a wide range of administrative decisions. The Board at present has jurisdiction to hear appeals against decisions made under 33 ordinances and regulations. The Municipal Services Appeals Boards hear appeals against certain decisions taken by the Municipal Councils, such as refusal to issue or renew hawker, liquor or restaurant licences.

         The Ombudsman investigates allegations of maladministration and recommends measures of redress. He has jurisdiction over most departments and many major public organisations, the activities of which have a direct and significant impact on the daily livelihood of the public.

         With the enactment of the Commissioner for Administrative Complaints (COMAC) (Amendment) Ordinance in December 1996, the Ombudsman's power has been extended to cover complaints of non-compliance with the Code on Access to Information against all government departments and agencies, including the Police Force and the Independent Commission Against Corruption. The COMAC (Amendment) Ordinance has also improved the working procedures of the Ombudsman, and changed the English title of COMAC to the Ombudsman.

         Starting from April 1997, the Ombudsman has launched a mediation service, which gives an option for complaints to be resolved other than by investigation. The aim of the service is to enable certain complaints to be dealt with speedily.

Key Indicators

         In 1996-97,

• The Administrative Appeals Board heard 28 appeals. They include appeals against refusals for the issue of various licences, for exemptions from business registration fees and levies, and for refunds of trade effluent surcharges. Of the appeals heard, 12 were allowed and 16 were dismissed. The average time of hearing an appeal was about three to four months.

• The Municipal Services Appeals Boards heard 36 appeals. 13 were allowed, 21 were dismissed, one was withdrawn and the decision on one is withheld pending further submissions from the appellant. The average time of hearing an appeal was about three to four months.

• The Ombudsman completed investigations into 383 complaints and conducted three direct investigations. Of the complaints investigated, 89 were substantiated and 85 were partially substantiated.

New Commitments

1. We will seek to further improve the operations of the Administrative Appeals Board and the Municipal Services Appeals Boards to ensure that appeals to the Boards will be handled efficiently. We will consider appointing an additional Deputy Chairman to the Administrative Appeals Board to conduct hearings.

2. We will also keep under review the possibility of further extending the Ombudsman's jurisdiction to other major statutory bodies.

C. Working with the Legislature

Aim

         The aim of the Government is to carry forward the management of public business in partnership with the Legislature. We seek to achieve this goal by:

• maintaining effective communication between the Administration and the Legislature;

• explaining the Government's policies and programmes to the Legislature;

• providing the resources which the Council and its Secretariat need to enable business of the Legislature to be carried out efficiently and effectively in the interest of the community; and

• responding to Members' questions and requests for briefings from Panels.

Overview

         In order to ensure that the Government is accountable to the community and its legislature for its policies and programmes, we provide support to the Legislature to enable them to work efficiently and represent the community effectively. We consult Members on Government's policies and our financial and legislative proposals. We require the authorisation of the Legislature for most financial and legislative initiatives. We ensure that questions raised by Members of the Legislature on the work of the Government, or on the financial and legislative proposals put forward by the Administration are answered quickly and informatively.

Key Indicators

         In the 1996-97 legislative session,

• We answered 146 oral and 472 written questions and responded to 50 motion debates;

• We attended over 600 meetings of Legislative Council (LegCo) panels and committees; and

• We made modifications to the remuneration package for LegCo Members in consultation with the Independent Commission on Remuneration for Members of the Legislative Council.

New Commitment

1. We will continue to provide support to the Legislature to enable them to work effectively. Measures include:

1. discussing with the Legislature to further improve the channels of communication and liaison between the executive and the legislature and how to process matters through the Legislature more efficiently; and

2. seeking ways of meeting the Legislature's long- term accommodation need to bring all legislative facilities under one roof.

D. Government Records Service

Aim

         The aim is to administer government records efficiently by formulating and implementing policies and plans for records and archives management.

Overview

         On archives management, the purpose-built Public Records Building at Kwun Tong was completed in June 1997 to provide fully acclimatised facilities for the storage and preservation of historical records. An automated archival search-aid system has also been developed and installed in the new building to help users look for and order records more quickly and easily. On records management, we are well into the second phase of the implementation of the Records Management Strategy, which aims to help the Civil Service reduce its records stock and improve the overall cost-effectiveness and efficiency in records management, through a series of departmental studies and training of government staff.

Key Indicators

         In 1996-97,

• We acquired 222 linear meters of historical records and transferred them to the archives;

• We conducted studies in six departments to help them improve their records management system;

• We trained a total of 874 government officers in various aspects of records management work;

• We microfilmed 88 920 pages of records for various departments to help them reduce their stock of paper records;

• We provided intermediate storage facilities for 81 600 linear meters of inactive records transferred from departments; and

• We examined and authorised the disposal of 8 138 400 records (67 820 linear meters) that were without further retention value.

New Commitments

         During 1998,

1. We will launch a Public Education and Publicity Programme to promote the public awareness of, and interest in, the local historical heritage.

2. We will start the third and final phase of the implementation of the Records Management Strategy, which aims to further consolidate the development of proper records management systems on a service-wide scale.

3. We will dedicate additional resources to the training of government staff in records management.

E. Helping Business

Aims

         The aim is to ensure Hong Kong becomes and remains a genuinely friendly place for both local and overseas businesses. Specifically, we aim:

• to identify excessive or inappropriate regulation and streamline or remove it;

• to assess and reduce the cost of compliance;

• to transfer services to the business sector where appropriate market conditions prevail; and

• to provide new or improved services to support the business sector.

Overview

         In 1996-97, we successfully launched the Helping Business Programme.

Key Indicators

         In 1996-97, we completed the following six pilot studies:

• Public forms on the Internet;

• Establishment of a one-stop Business Licence Information Centre;

• Streamlined procedures for land exchange, lease modification and other land applications;

• Introduction of more user-friendly methods for payment and collection;

• Introduction of Hong Kong Background Information; and

• Two departmental business studies in Marine and Trade Departments.

         Action is in hand to implement the recommendations.

         We also:

• Established regular contact with the Small and Medium Enterprises Committee; and

• Set up a Business Advisory Group to provide a vital link between the business sector and the Administration in the pursuit of a business-friendly government.

         With the formal establishment of the Business and Services Promotion Unit in May 1997, we have completed the following studies in the first six months of 1997-98:

• Licensing requirements for hotels and guesthouses;

• Licensing requirements for Amusement Game Centres, Dance Halls, Dancing Schools and Tin-Kau/Mah-jong Establishments;

• Procedures for consent to sales of uncompleted buildings; and

• Cross boundary vehicle licensing.

New Commitments

1. During 1998, we will continue to strengthen our work on the four main strands of the Helping Business programme. In particular, we will:

1. place more public forms onto the Internet;

2. extend the one-stop Business Licence Information Centre service to the Internet;

3. complete a pilot project on allowing Authorised Persons to carry out utilities connections and construct run-ins;

4. conduct a study on establishing a Cost of Compliance Assessment Framework; and

5. complete studies on:

• lighting and ventilation regulations for buildings;

• licensing requirements for supermarkets;

• licensing requirements for lottery, tombola, amusements with prizes and trade promotion; and

• cultivation of a pro-business culture and pro-business practices in the Industry Department.

F. Services Promotion

Aims

         The aim is to make Hong Kong the pre-eminent services centre in Asia. Specifically, we aim:

• to strengthen institutional support for the services sector;

• to spearhead strategic thinking about the future development of our economy;

• to ensure full implementation of services promotion initiatives on all fronts by agencies concerned; and

• to kick-start worthy industry-specific initiatives.

Overview

         There is now a much better understanding of Hong Kong's restructuring from a manufacturing base to a service economy. Both the Government and the business sector are better prepared to identify and address the challenges that lay ahead.

Key Indicators

         In 1996-97,

• We published the Final Report of the Government Task Force on Services Promotion;

• We launched a television/radio/poster promotion campaign under the theme of "Hong Kong at Your Service", focusing on the contribution of the services sector to our economic well-being;

• We arranged for the screening during peak viewing hours of six half-hourly TV programmes on different services sectors in an "infotainment format"; and

• We published a special Fact Sheet on "Hong Kong as a Service Economy" for distribution to the general public.

New Commitments

         During 1998,

1. We will launch a roving exhibition on services, which will tour all parts of the territory so that the public at large gain a better understanding of what the service economy means to them.

2. We will broadcast a ten-minute film to promote Hong Kong as a global services and financial centre.

3. We will establish a mechanism to obtain key information on measures taken by other major economies to enhance competitiveness.

4. We will continue to co-ordinate and monitor the implementation of the services promotion initiatives kick-started by the former Government Task Force on Services Promotion.

5. We will work with the Hong Kong Coalition of Service Industries and the University of Hong Kong in organising a tri-partite forum on Hong Kong's Servicing Economy. The forum will be a joint effort among the business community, leading academics and government officials.

6. We will also support other government bureaux and agencies:

1. to commission a consultancy study on the manpower and training requirements of specific service industries;

2. to co-ordinate a government response to "The Hong Kong Economic Policy Studies" undertaken by a group of mostly local economists;

3. to examine whether the Export Credit Insurance Corporation should provide coverage for longer-term export credit;

4. to examine the case for a Credit Guarantee Corporation;

5. to monitor the implementation of the Services Support Fund;

6. to commission a consultancy study to consider the case for providing additional conventional facilities;

7. to study the idea of business parks for those service industries with special accommodation and other needs; and

8. to consider the case for setting performance-related benchmarks for our overseas Investment Promotion Units and the local One Stop Unit.

Back to INTRODUCTION

Into the 21st Century

Back to INTRODUCTION

Article 2

         The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law.

Article 3

         The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law.

Article 9

         In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region.

Article 10

         Apart from displaying the national flag and national emblem of the People's Republic of China, the Hong Kong Special Administrative Region may also use a regional flag and regional emblem.

         The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by five star-tipped stamens.

         The regional emblem of the Hong Kong Special Administrative Region is a bauhinia in the centre highlighted by five star-tipped stamens and encircled by the words "Hong Kong Special Administrative Region of the People's Republic of China" in Chinese and "HONG KONG" in English.

Article 17

         The Hong Kong Special Administrative Region shall be vested with legislative power. Laws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National People's Congress for the record. The reporting for record shall not affect the entry into force of such laws.

         ......

Article 25

         All Hong Kong residents shall be equal before the law.

Article 35

         Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation in the courts, and to judicial remedies.

         Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel.

Article 47

         ......

         The Chief Executive, on assuming office, shall declare his or her assets to the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region. This declaration shall be put on record.

Article 48

         The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

         ......

         ......

         ......

         ......

Article 49

         If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not compatible with the overall interests of the Region, he or she may return it to the Legislative Council within three months for reconsideration. If the Legislative Council passes the original bill again by not less than a two-thirds majority of all the members, the Chief Executive must sign and promulgate it within one month, or act in accordance with the provisions of Article 50 of this Law.

Article 50

         If the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed the second time by the Legislative Council, or the Legislative Council refuses to pass a budget or any other important bill introduced by the government, and if consensus still cannot be reached after consultations, the Chief Executive may dissolve the Legislative Council.

         The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive may dissolve the Legislative Council only once in each term of his or her office.

Article 55

         Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among the principal officials of the executive authorities, members of the Legislative Council and public figures. Their appointment or removal shall be decided by the Chief Executive. The term of office of members of the Executive Council shall not extend beyond the expiry of the term of office of the Chief Executive who appoints them.

         Members of the Executive Council 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.

         The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council.

Article 62

         The Government of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

         ......

Article 64

         The Government of the Hong Kong Special Administrative Region must abide by the law and be accountable to the Legislative Council of the Region: it shall implement laws passed by the Council and already in force; it shall present regular policy addresses to the Council; it shall answer questions raised by members of the Council; and it shall obtain approval from the Council for taxation and public expenditure.

Article 72

         The President of the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

         ......

         ......

Article 73

         The Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions:

1. To enact, amend or repeal laws in accordance with the provisions of this Law and legal procedures;
2. To examine and approve budgets introduced by the government;
3. To approve taxation and public expenditure;
4. To receive and debate the policy addresses of the Chief Executive;
5. To raise questions on the work of the government;
6. To debate any issue concerning public interests;
7. To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court;
8. To receive and handle complaints from Hong Kong residents;
9. If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and
10. To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence.

Article 74

         Members of the Legislative Council of the Hong Kong Special Administrative Region may introduce bills in accordance with the provisions of this Law and legal procedures. Bills which do not relate to public expenditure or political structure or the operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced.

Article 75

         The quorum for the meeting of the Legislative Council of the Hong Kong Special Administrative Region shall be not less than one half of all its members.

         The rules of procedure of the Legislative Council shall be made by the Council on its own, provided that they do not contravene this Law.

Article 76

         A bill passed by the Legislative Council of the Hong Kong Special Administrative Region may take effect only after it is signed and promulgated by the Chief Executive.

Article 77

         Members of the Legislative Council of the Hong Kong Special Administrative Region shall be immune from legal action in respect of their statements at meetings of the Council.

Article 78

         Members of the Legislative Council of the Hong Kong Special Administrative Region shall not be subjected to arrest when attending or on their way to a meeting of the Council.

Article 79

         The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances:

1. When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
2. When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council;
3. When he or she loses or renounces his or her status as a permanent resident of the Region;
4. When he or she accepts a government appointment and becomes a public servant;
5. When he or she is bankrupt or fails to comply with a court order to repay debts;
6. When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and
7. When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present.

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 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 a 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 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 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.

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.

Article 109

         The Government of the Hong Kong Special Administrative Region shall provide an appropriate economic and legal environment for the maintenance of the status of Hong Kong as an international financial centre.

Article 118

         The Government of the Hong Kong Special Administrative Region shall provide an economic and legal environment for encouraging investments, technological progress and the development of new industries.

Article 119

         The Government of the Hong Kong Special Administrative Region shall formulate appropriate policies to promote and co-ordinate the development of various trades such as manufacturing,commerce, tourism, real estate, transport, public utilities, services, agriculture and fisheries, and pay regard to the protection of the environment.

Article 157

         The establishment of foreign consular and other official or semi-official missions in the Hong Kong Special Administrative Region shall require the approval of the Central People's Government.

         Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People's Republic of China may be maintained.

         According to the circumstances of each case, consular and other official missions established in Hong Kong by states which have no formal diplomatic relations with the People's Republic of China may be permitted either to remain or be changed to semi-official missions.

         States not recognized by the People's Republic of China may only establish non-governmental institutions in the Region.

         In addition, all Bureaux/Departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, have joint responsibility for the implementation of the following articles:

Articles 11 (first paragraph), 16, 56 (second paragraph), 62(1) and (2), 64, 142, 148, 149, 150, 151, 152 and 153.

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Policy Programme