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)
64
Instrument A101
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.