XN000022-1986-07-23 — Page 11

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WHOMESDAY, JULY 23, 1986

SPEAKING DURING THE COUNCIL'S ADJOURNMENT DEBATE ON THE DISCUSSION PAPER, MISS TAM SAID THE BAR ASSOCIATION DISAGREED WITH ONE OF THE RECOMMENDATIONS MADE BY THE WORKING PARTY. THIS ALLOWED THE GOVERNOR-IN-COUNCIL TO PRESCRIBE THAT AN EXPRESSION IN CHINESE SHOULD BE DEEMED TO HEAR THE SAME MEANING AS AN EXPRESSION IN THE CORRESPONDING ENGLISH TEXT AND VICE VERSA.

THE ASSOCIATION FELT THAT THE USE OF EXECUTIVE POWER TO MAKE LAWS HAD TO BE AVOIDED, AND THAT THE LEGISLATIVE COUNCIL SHOULD HAVE A FINAL SAY ON THE INTERPRETATION OF THE LAWS, SHE SAID.

MISS TAM SAID THE LEGAL SUB-GROUP HAD CAREFULLY STUDIED THE PROPOSED PROVISIONS AND SUGGESTED THAT THAT PARTICULAR RECOMMENDATION BE IMPLEMENTED UNDER ORDER IN THE GAZETTE.

+THEREFORE, LIKE THE OTHER SUBSIDIARY LEGISLATION, IT IS WITHIN THE POWER OF THE LEGISLATIVE COUNCIL,+ SHE EXPLAINED.

MISS TAM ALSO COMMENTED ON ANOTHER RECOMMENDATION, WHICH PROPOSED THAT IN DRAFTING AMENDMENTS TO THE LAW OF EVIDENCE THE JUDICIARY SHOULD BE CONSULTED ON HOW TO DEAL WITH PROBLEMS RELATED TO THE EQUAL STATUS OF BOTH LANGUAGES IN COURT.

SHE SAID THE LEGAL SUB-GROUP'S VIEW WAS THAT IF PROBLEMS OF TEXTUAL INTERPRETATION AROSE FROM EVIDENCE PRODUCED IN COURT. THEN EXPERT EVIDENCE SHOULD BE CALLED BY THE PROSECUTION OR THE DEFENCE, OR BY THE JUDGE.

SHE ALSO NOTED THAT WITH THE HONG KONG (LEGISLATIVE POWER) ORDER COMING INTO EFFECT ON AUGUST 6, LAWS OF THE UNITED KINGDOM WHICH HAD LONG BEEN APPLIED TO HONG KONG WOULD THEN BE LOCALISED AND BECOME THE LAWS OF HONG KONG.

+IT IS IN FACT A GREAT DIFFICULTY THAT THE LEGAL SYSTEM OF HONG KONG REMAINS UNCHANGED DESPITE THE CHANGES IN ITS LANGUAGE MEDIUM,+ SHE SAID.

THEREFORE, SHE HOPED THAT THOSE WHO PURSUED THE LEGAL FIELD COULD SPARE SOME OF THEIR BUSY TIME TO MAKE MORE COMMENTS AND LEND A HAND IN THE WORK ON THE LAWS IN CHINESE SO THAT SUCH A GREAT TASK COULD BE ACCOMPLISHED.

MISS TAM POINTED OUT THAT A SENTENCE STATED IN ANNEX I TO THE SINO-BRITISH JOINT DECLARATION, WHICH READ IN ADDITION TO CHINESE, ENGLISH MAY ALSO BE USED IN ORGANS OF GOVERNMENT AND IN THE COURTS IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION+, HAD GIVEN RISE TO DIFFERENT INTERPRETATIONS.

HOWEVER, SHE CONSIDERED THE INTERPRETATION +ONE MAY OF COURSE USE CHINESE, YET TO USE ENGLISH IS NOT IMPROPER+ TO BE MORE PRAGMATIC.

/+SUCH AN