-
- 20
—
The Executive Council has endorsed the recommendation made by the Steering Committee that the Official Languages Ordinance should be amended to remove the present restriction on the use of Chinese proceedings in the higher courts and certain tribunals. The Official Languages (Amendment) Bill 1995 contains one key clause, that is, Clause 3. This clause enables a judge presiding over a court hearing to use either or both of the official languages, but his choice of the language will not dictate what language a party, a legal representative, or a witness is to use. Lawyers representing parties may use either or both of the official languages; and parties and witnesses may even use other languages. Interpretation will be provided as required. It is also proposed that, as a matter of practice, court documents may be submitted in either English or Chinese, and will be translated, if necessary, into the language which the Judge decides to use at the hearing; and the written transcription of proceedings will be prepared in either English or Chinese as the court thinks fit.
This reform will lead to the increased use of the Chinese language in Hong Kong courts, as it will give an option to those people who feel that justice is best served by the use of Chinese, rather than English, in their cases. But it is a complex exercise and it needs to be implemented in phases. The Executive Council has endorsed the 8-phase implementation strategy recommended by the Chief Justice's Steering Committee, which aims to put in place a framework which will allow the use of Chinese, along with English, in all judicial proceedings by 1 July 1997. The pace of the phased implementation will be left to the Chief Justice to decide, having regard to the experience gained from a series of trial schemes which are due to start in August this year. Clause 3 of the Bill provides the Chief Justice with the necessary power for this.
Mr Simon Ip and some other Members of this Council have suggested that simultaneous interpretation should be used as a more immediate means of putting in place a bilingual court system. The Steering Committee has studied the feasibility of this, and has concluded that simultaneous interpretation would not be suitable for evidence-taking because oral delivery is always made impromptu. Without a full translation of the exchange, material mistakes could be made through simultaneous interpretation and, if uncorrected. could result in a miscarriage of justice. Furthermore, unlike consecutive interpretation, inaccuracies in simultaneous translation cannot easily be detected. However, the Steering Committee has an open mind on the feasibility of providing simultaneous interpretation for other stages of a trial. The Judiciary will launch a pilot scheme this October on the use of simultaneous interpretation on appeal cases heard in the High Court which do not involve the giving of evidence.
The Chief Justice's Steering Committee has consulted the Bar Association and the Law Society and has taken their views into account when finalising the Bill and the 8-phase implementation strategy. I understand that the Legislative Council's Pancl on Administration of Justice and Legal Services has also been consulted on the implementation strategy and has expressed its support.
End/Wednesday. May 24, 1995