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Ord. No. 17/87
Making of bilingual subsidiary legislation in both official languages.
Publication in an official language of the text of an existing law
enacted in the other.
OFFICIAL LANGUAGES (AMENDMENT)
(3) Nothing in subsection (1) shall require an Ordinance to be enacted and published in both official languages wh the Governor in Council-
(a) is of the opinion that a Bill is urgent and its enactment as an Ordinance in both official langu- ages will occasion unreasonable delay; and (b) directs that the Bill shall be presented to the Legisla-
tive Council in one of the official languages.
(4) Nothing in this section shall be construed as restrict- ing the use of Chinese words in the English text of an Ordinance or of English words in the Chinese text of an Ordinance.
(5) This section shall not extend to subsidiary legisla- tion.
4A. (1) The Governor in Council may, by order in the Gazette, direct that subsidiary legislation-
(a) of any class or description specified in the order; and (b) made after the date on which the order takes effect, shall be made and published in both official languages.
(2) An order under subsection (1) may be made subject to such exceptions or qualifications as may be stated therein. (3) Nothing in subsection (1) shall prevent any subsidi- ary legislation which is not specified in an order under that subsection being made and published in both official langu- ages.
4B. (1) Where an Ordinance has been enacted in one official language, the Governor in Council may, by order in the Gazette made after consultation with the Bilingual Laws Advisory Committee, declare that the authentic text of that Ordinance in the other official language shall be as specified in the order.
(2) Where under subsection (1) the Governor in Coun- cil has declared a text to be an authentic text of an Ordinance and it appears to him that there is any manifest error, omission or inaccuracy in that text, he may, by order in the Gazette, correct that error, omission or inaccuracy; and any such correction shall be deemed to have been incorporated in the text at the time when it was declared to be the authentic text.
(3) The Attorney General may, by order in the Gazette, make formal alterations to the text of an Ordinance enacted in one official language, without affecting the meaning thereof, in order to achieve harmony of expression with a text declared under subsection (1) to be the authentic text of that Ordinance in the other official language.
(4) No order shall be made under this section unless a draft of it has been laid before and approved by resolution of
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OFFICIAL LANGUAGES (AMENDMENT)
1.)
Bilingual Laws
Advisory Committee.
(Cap. 87.)
Ord. No. 17/87
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the Legislative Council, and section 34 of the Interpretation and General Clauses Ordinance shall not apply in relation to any such order.
4C. (1) There shall be a Bilingual Laws Advisory Com- mittee which shall―
(a) advise the Governor in Council whenever consulted by him under section 4B(1), which advice may include recommendations as to the sequence in which authentic texts of Ordinances should be declared under section 4B(1); and
(b) perform such other functions as the Governor in
Council may from time to time direct,
in relation to the publication of laws in the official languages.
(2) The Bilingual Laws Advisory Committee shall con- sist of a chairman and other members appointed by the Governor, who shall hold office for such period as the Governor may determine.
(3) The members of the Bilingual Laws Advisory Com- mittee appointed under subsection (2) shall include_
(a) a legal officer, as defined in section 2 of the Legal
Officers Ordinance;
(b) a practising solicitor appointed after consultation with the president of the Law Society of Hong Kong;
(c) a practising barrister appointed after consultation with the chairman of the Hong Kong Bar Associa- tion; and
(d) not less than 2 persons, not being public officers, who in the opinion of the Governor have appro- priate language skills.
(4) A member of the Bilingual Laws Advisory Com- mittee may resign at any time by notice in writing addressed to the Governor.
(5) The Bilingual Laws Advisory Committee shall meet as often as may be necessary for the discharge of its functions under subsection (1) or as the chairman may direct.
(6) The procedure of the Bilingual Laws Advisory Com- mittee shall be such as the chairman may determine and, subject thereto, the Committee-
(a) may establish sub-committees to assist the Com-
mittee in the discharge of its functions;
(b) may appoint as members of any such sub-committee suitably qualified persons to assist such sub-com- mittee; and
(c) may consult with such other persons as the Com-
mittee may deem fit.".