XN000022-1985-03-14 — Page 6

THURSDAY, MARCH 14, 1985

+WHATEVER THE MERITS OF THAT IN PRINCIPLE, I AM CONVINCED THAT IN THE NEW POLITICAL SITUATION WHERE HONG KONG WILL BECOME A PART OF CHINA, IT BECOMES A POLITICAL NECESSITY FOR HONG KONG'S LAWS TO BE INTELLIGIBLE TO THOSE WHO ARE UNABLE TO READ

ENGLISH AND THAT IT IS NOW IMPERATIVE TO PROMOTE THE USE OF CHINESE

IN OUR LEGISLATION, HE SAID.

+MY OWN VIEW IS THAT BOTH LANGUAGES, CHINESE AND ENGLISH, SHOULD HAVE EQUAL STATUS IN THE LEGISLATION OF HONG KONG AND IN

ITS INTERPRETATION IN THE COURTS.

+THIS WILL, HOWEVER, REQUIRE A VERY HIGH STANDARD OF LEGAL DRAFTSMANSHIP IF THE TWO ́LANGUAGES ARE TO CONVEY AN IDENTICAL OR NEAR IDENTICAL MEANING, HE SAID.

HOWEVER, MR THOMAS SAID, WE HAD BEGUN TO CONSIDER THE WAY IN WHICH THIS WORK COULD SOON BE UNDERTAKEN. +WE ARE LOOKING AT SKILLED INTERPRETERS WHO CAN BE TRAINED IN BASIC LEGAL DRAFTING TECHNIQUES, AND WE ARE LOOKING FOR LAWYERS WHO MIGHT BE INTERESTED IN JOINING CHAMBERS AS DRAFTSMEN.

+ IF IT IS DECIDED TO GO AHEAD, WE HOPE THAT IT MIGHT BE POSSIBLE TO MAKE A START ON PRODUCING SELECTED PIECES OF NEW LEGISLATION IN BOTH LANGUAGES IN THE NEXT LEGISLATIVE SESSION,+ HE SAID.

ANOTHER TASK WHICH WAS HIGHLY DESIRABLE WAS THAT OF CODIFICATION, MR THOMAS SAID. CODIFICATION OF THE ENTIRE LAW, INCLUDING ALL ASPECTS OF THE COMMON LAW, WOULD BE IMPOSSIBLE FOR EVEN THE PEOPLE OF THE LEGAL DEPARTMENT TO UNDERTAKE.

+ IT WOULD BE DESIRABLE, IN MY VIEW FOR US TO TACKLE A FEW SELECTED AREAS OF THE COMMON LAW, ESPECIALLY THOSE WHICH AFFECT ORDINARY PEOPLE WHEN THEY COME UP AGAINST AUTHORITY, HE SAID.

PRELIMINARY WORK WAS BEING DONE ON THE CODIFICATION WITH A VIEW TO ESTABLISHING HOW EASILY, GIVEN OUR RESOURCES, USEFUL CODIFICATION COULD BE UNDERTAKEN TO CLARIFY THE LAW AND THEREBY TO MAINTAIN PUBLIC CONFIDENCE IN THE LAW.

+THIS WILL MAKE IT MORE DURABLE IN THE YEARS BEYOND 1997, + HE SAID.

MR THOMAS SAID THE LEGAL SYSTEM, WHILE RETAINING ALL ITS FUNDAMENTAL PRINCIPLES AND PROCEDURES WHICH HAD SERVED HONG KONG SO WELL IN THE PAST, MUST BE APPLIED IN A MANNER THAT RETAINED THE CONFIDENCE OF CHINESE SPEAKERS.

/+IT IS