The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China (Adopted at the Third Session of the Seventh National People’s
Congress on April 4, 1990)
62
Instrument A101
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.