10
WEDNESDAY, JULY 21, 1993
IN THAT CASE, THE JUDGE HELD THAT THE COURT HAD WIDE POWERS PERMIT IN APPROPRIATE CIRCUMSTANCES PLEADINGS TO BE IN CHINESE.
IT
TO
CLEAR THAT HE
IN DELIVERING HIS JUDGMENT, THE JUDGE MADE WAS NOT ENCOURAGING THE DEPARTURE FROM THE NORMAL USE OF ENGLISH.
IN THAT CASE, ONCE THE DOCUMENTS HAD BEEN FILED, THEY BE TRANSLATED INTO ENGLISH.
HAD
ΤΟ
PRACTICE FOR THE DISTRICT WOULD RAISE
"I AM NOT AWARE OF OTHER HIGH COURT CASES IN WHICH PLEADINGS ACCEPTED AND IT IS STILL THE IN CHINESE HAVE BEEN
HIGH
AND PLEADINGS IN THE COURT OF APPEAL, THE
COURT COURT TO BE IN ENGLISH. ANY DEPARTURE FROM THAT PRACTICE PRACTICAL DIFFICULTIES," HE SAID.
MR MATHEWS SAID THE ADMINISTRATION WAS CURRENTLY CONSIDERING IN CONJUNCTION WITH THE JUDICIARY HOW SECTION 5 OF THE OFFICIAL LANGUAGES ORDINANCE COULD BE AMENDED TO PERMIT GREATER USE OF CHINESE IN THE COURTS.
HE SAID THIS WAS A MATTER REQUIRING BECAUSE IT RAISED MANY PRACTICAL ISSUES.
CAREFUL
EXAMINATION
HE NOTED THAT THERE WERE A NUMBER OF QUESTIONS THAT NEEDED TO BE ADDRESSED:
IT
* WOULD PLEADINGS, INDICTMENTS AND NOTICES NEED TO BE IN BOTH
ENGLISH AND CHINESE? IF SUCH A REQUIREMENT WAS IMPOSED, MIGHT BE UNNECESSARILY ONEROUS.
*
IF THE COURT IS TO DECIDE PROCEEDINGS, AT WHAT STAGE OF COURT MAKE THAT DECISION?
WHICH
LANGUAGE
THE PROCEEDINGS
USE TO
SHOULD
IN
THE
THE
*
EVIDENCE
COULD PROCEEDINGS BE CONDUCTED AND ORAL EVIDENCE BE RECEIVED IN ONE LANGUAGE WHILST DOCUMENTARY EVIDENCE BE RECEIVED IN ANOTHER? IF NOT, REQUIRING DOCUMENTARY FILED WITH THE COURT TO BE TRANSLATED INTO THE LANGUAGE CHOSEN BY THE COURT FOR THE PROCEEDINGS MAY POSE PRACTICAL PROBLEMS, PARTICULARLY IN CIVIL CASES IN WHICH THE DOCUMENTARY EVIDENCE COULD BE VOLUMINOUS.
SHOULD NOTES OF PROCEEDINGS BE REQUIRED TO BE KEPT IN THE LANGUAGE IN WHICH THE PROCEEDINGS ARE CONDUCTED? SHOULD THIS HAVE A BEARING ON THE LANGUAGE USED FOR STATING CASES AND HEARING APPEALS?
GETTING
MR MATHEWS POINTED OUT THAT THESE AND OTHER QUESTIONS WOULD POINT THE WAY USE OF CHINESE IN THE COURTS.
SATISFACTORY ANSWERS TO ΤΟ PERMITTING GREATER
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