Report in which we defined the practical implications of bilingualism and recommended the establishment of a 'central authority' to supervise implementation of this policy.
The Registrar, Supreme Court, has informed us that he would not required additional staff for the time being but that he would apply for the creation of additional posts as and when such work expands.
(g) Correspondence between staff within the Judiciary and between the
Judiciary and Government departments-Paragraph 26(ix)
We endorse our Sub-Committee's observation here and consider that the recommendations in paragraph 56 of our Second Report dealing with communication with junior civil servants should equally apply to the Judiciary.
(h) Simultaneous Interpretation-Paragraph 26(x)
We agree with our Legal Sub-Committee's opinion that the present system of consecutive interpretation in court proceedings should not be replaced by one of simultaneous interpretation. Quite apart from financial considerations, the use of earphones in simultaneous inter- pretation would preclude parties and their legal representatives from detecting inaccuracies and challenging the interpretation.
SECTION E:
QUESTIONS REFERRED TO THE LEGAL SUB-COMMITTEE BY THE CHINESE LANGUAGE COMMITTEE
(Paragraph 27 of the Legal Sub-Committee's Report)
9. We generally endorse our Sub-Committee's recommendations in this paragraph and we add below our own comments on each recommendation :
(a) Government Contracts—Paragraph 27(i)
We endorse our Sub-Committee's conclusion in this respect and observe that in most cases the use of Chinese would be unnecessary; for example, contracts for major public works. However, we consider that in a smaller number of cases, Government should eliminate the language difficulties encountered by those firms or individuals who wish to enter into contractual relationships with Government and are not proficient in the English language. In this connection, we draw attention to the many small contractors and sub-contractors who deal with the Government Supplies Department and other Government Departments and recommend that, where practicable and agreeable to both parties, tenders and contracts should be in both Chinese and English. We further recommend that, where applicable, the trade associations concerned should be consulted on this matter.
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(b) Government licences and certificates-Paragraph 27(ii)
Statutory Forms Paragraph 27(iv)
Non-statutory standard forms used in the Judiciary, the Registrar General's Department, and Legal Aid Department-Paragraph 27(v) Letter from Government departments to Chinese speaking members of the public on legal matters—Paragraph 27(vii)
We endorse our Sub-Committee's recommendations in these sub- paragraphs and further recommend that they should be implemented in the context of paragraphs 47 & 49 of our Second Report in which we fully defined the practical implications of the policy of bilingualism and proposed the establishment of a 'central authority' to supervise the implementation of this policy.
These are areas which come within the field of our Second Report, and therefore, the work arising from these recommendations should be covered by the 40 Interpreter/Translators referred to in paragraph 61 of our Second Report.
(c) Statutory Declarations-Paragraph 27(iii)
We endorse our Sub-Committee's recommendation here but it has not been possible for us to estimate the staffing implications of this recommendation. However, we do not envisage the need for any sub. stantial expansion of the Interpretation/Translator Grade.
(d) Statements made by suspects and prospective withnesses to the police,
including cautioned statements-Paragraph 27(vi)
We endorse our Sub-Committee's recommendations and the Com- missioner of Police has informed us that he would require additional staff to implement these recommendations, but at this stage, he is unable to make a firm estimate.
(e) The problems of enacting future ordinances and subsidiary legislation
in the Chinese language-Paragraph 27(viii)
We accept our Sub-Committee's conclusion in this sub-paragraph as being applicable for the immediate future or until such time when Government could acquire on its staff law draftsmen of the required skill.
SUMMARY
10. The total recurrent cost is as follows:
(a)
(b)
Staff required by the Judiciary (12 Interpreter/Translators)
Total
Staff required to translate the Laws of Hong Kong (5 Interpreter Translators)...
$128,680 p.a.
$308,832 p.a.
$437,512 p.a.
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