FRIDAY, OCTOBER 28, 1988
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то
OF
HE POINTED OUT THAT MANY QUESTIONS WOULD ARISE FROM TRYING USE THE SAME LANGUAGE IN THE LOWER AND HIGHER COURTS AND NONE THESE QUESTIONS WAS EASY TO ANSWER. THIS SHOWED THAT THE JUDICIARY COULD NOT STUDY JUST ONE PARTICULAR ASPECT OF THE PROBLEM OR ONE PARTICULAR TYPE OF DOCUMENT IN ISOLATION IN ITS CONSIDERATION TO INCREASE THE USE OF CHINESE LANGUAGE IN THE COURTS.
SIR LI LIANG ALSO SAID THAT THE OTHER BROAD QUESTION WAS THE EXTENT TO WHICH THE PUBLIC AS A WHOLE OUGHT TO PAY FOR THE INCREASED USE OF CHINESE LANGUAGE.
CRIMINAL CASES, PERHAPS, PRESENT FEWER DIFFICULTIES. IT IS GENERALLY AGREED THAT WHERE A PERSON'S LIBERTY IS AT STAKE, AND WHERE THE PUBLIC HAS A MORE IMMEDIATE INTEREST IN THE PRESERVATION OF LAW AND ORDER, THE EXPENDITURE OF PUBLIC MONEY IS ACCEPTABLE," HE SAID.
"ON THE OTHER HAND, IN CIVIL PROCEEDINGS, WHERE PRIVATE INTERESTS ARE INVOLVED, THE EXTENT TO WHICH THE PUBLIC IS TO PAY FOR SUCH PRIVATE DISPUTES GIVES RISE TO QUITE DIFFERENT CONSIDERATIONS, IN SOME WAYS, THE PUBLIC IS ALREADY SUBSIDISING PRIVATE LITIGATIONS, SUCH AS THE PROVISION OF COURT BUILDINGS, JUDGES AND A WHOLE VARIETY OF FACILITIES WHICH COURT FEES AND COSTS DO NOT BEGIN TO PAY FOR. IT IS ALL A QUESTION OF BALANCE AND PRIORITIES.
HE EMPHASISED THAT THE SOLUTION OF ALL THESE PROBLEMS WAS ALSO DEPENDENT ON THE AVAILABILITY OF A CADRE OF TRANSLATORS AND INTERPRETERS.
"IT IS, FROM THAT FACTOR ALONE, DIFFICULT FOR INCREASED USE OF CHINESE TO BE ACHIEVED TO ANY SIGNIFICANT DEGREE IN THE SHORT TERM," HE SAID.
IN THIS CONNECTION, SIR TI LIANG ALSO MENTIONED THE IMPORTANCE OF AN AUTHORITATIVE GLOSSARY OF LEGAL TERMS AND PHRASES IN THE ENGLISH AND CHINESE LANGUAGES.
"THERE IS NO SUCH WORK AVAILABLE AT THE MOMENT, AND THE NEED FOR IT CANNOT BE OVER-STRESSED, HE SAID.
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URGENT
THE CHIEF JUSTICE SAID THAT IN HIS OWN VIEW, THERE WAS LITTLE DIFFICULTY IN USING CHINESE, WHERE A COURT DEALT LARGELY WITH FACTUAL ISSUES SUCH AS IN THE MAGISTRATES' COURTS.
BUT IT MAY WELL BE THAT IN THE HIGHER COURTS, WHERE LEGAL ISSUES WERE DEALT WITH MUCH MORE OFTEN THAN FACTUAL ISSUES, THE USE OF CHINESE WOULD BE VERY MUCH LIMITED.
IT WAS WHEN IN HAVING TO COPE WITH INTRICATE CONCEPTS OF LAW OR HIGHLY TECHNICAL LEGAL LANGUAGE THAT DIFFICULTIES CAME IN.
IN A
"EVEN THEN, A CASE MAY WELL BE MADE OUT FOR A JURY TRIAL CRIMINAL CASE IN THE HIGH COURT TO BE CONDUCTED IN CHINESE, WITH CHINESE SPEAKING JURY, HE SAID.
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IT. THE CHIEF JUSTICE SAID THAT
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TO EXPLAIN
ONE MIGHT ANTICIPATE A SIMPLE ROBBERY OR MURDER CASE, FOUGHT LARGELY ON FACTS COUPLED WITH A FEW BASIC AND EASILY UNDERSTOOD PRINCIPLES OF THE TO BE CONDUCTED IN THE CHINESE LANGUAGE.
LAW
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