Stage 1 The more important Ordinances and subsidiary legislation
affecting the general public
Stage 2 Ordinances and subsidiary legislation which, though affecting the general public, are nevertheless of comparatively lesser importance
Stage 3 Ordinances and subsidiary legislation affecting special
sections of the public
Stage 4 Ordinances and subsidiary legislation of limited interest
20. We are informed by the Legal Department and believe that, on a very rough and preliminary estimate, the translation of the Laws of Hong Kong will require a team of five translators with the necessary skill and experience and about six to eight years to complete. However, we do not overlook the possibility of enlisting the assistance of persons outside Government to carry out the translation.
SECTION C: WIDER USE OF CHINESE IN THE COURTS
21. In the light of paragraphs 8 to 16 hereof, we do not recommend an extensive use of Chinese in the District Court, Supreme Court and quasi- judicial bodies of comparable ranks because complicated points of law often arise there and it is not in the interest of justice to add to these difficulties by introducing problems which inaccuracies in translation, real or imaginary, will create.
22. In the Magistrates' Courts, Tenancy Tribunals, Juvenile Courts, and quasi-judicial bodies of comparable or lower ranks, the questions which have to be determined are more often factual rather than legal. The interpretation and translation of statements of facts do not present great difficulties. It is, however, impossible for a presiding official to forecast with certainty whether it is a dispute of fact or of law that he is about to try. A seemingly simple case may unexpectedly turn on a difficult point of law which eventually has to be reviewed by an appellate court. However, in these judicial and quasi- judicial bodies Chinese may nevertheless be used far more extensively than it is at present. The Sub-committee therefore recommends that His Excellency the Governor should invite the Legislature to consider the insertion of a new provision in the Magistrates Ordinance so that the spoken part of the pro- ceedings in the Magistrates' Courts may be conducted in Cantonese or English, or both, at the discretion of the presiding magistrate either on his own initiative or on the application of the party, but in any event, the record of the proceedings shall be kept as hitherto, provided also that the presiding magistrate's decision on the use of the spoken language shall be final (see paragraph 26(vii) hereafter).
10
23. The Sub-Committee also recommends that His Excellency the Governor should invite the Legislature to consider similar enactments in the Landlord and the Tenant Ordinance, the Juvenile Offenders Ordinance, and other Ordinances and subsidiary legislation governing quasi-judicial bodies of comparable or lower ranks, such as the Licensing Boards and the various disciplinary boards.
24. The Sub-committee is aware of the current shortage of Chinese speaking judicial officers or presiding officials of quasi-judicial bodies, thereby rendering it difficult in practice to accede to no more than a limited number of such applications for proceedings to be conducted in the Cantonese dialect. The Sub-committee however considers that the principle implied in the recommendations in paragraphs 22 and 23 should be recognized.
25. For other recommendations on the wider use of Chinese in the courts see also paragraphs 26(iv), (v) and (vi) hereafter.
SECTION D:
26.
OTHER LEGAL MATTERS WHICH ARE CONSIDERED MATERIAL UNDER THE SUB-COMMITTEE'S TERMS OF Reference
(i) Explanatory booklets in Chinese of the more important Ordinances Explanatory booklets on various aspects of the law have been published, or are under preparation by the Government. The Sub-committee welcomes this work and, recommends that explan- atory booklets on all the Ordinances affecting the daily life of the general public be prepared and published and that the preparation and publication of these booklets should be extended and in no way be reduced or discontinued on account of the translation of the laws of Hong Kong.
(ii) Glossary of legal terms found in Hong Kong Ordinances and
subsidiary legislation
The Sub-committee recommends that if and when the Ordinances and subsidiary legislation are translated into Chinese, the translators should at the same time compile a glossary in Chinese and English of all legal terms found therein, so as to attain consistency and standardization.
(iii) Immediate translation of the titles of all existing Ordinances and
subsidiary legislation
To enable a non-English speaking member of the public to find out at least whether there is any Ordinance which governs his particular case it is important that a translation of the titles of all the existing Ordinances and subsidiary legislation be made as a matter of some urgency. The Sub-committee therefore recommends
11
>