XN000022-1987-03-25 — Page 5

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WEDNESDAY, MARCH 25, 1987

MR WONG SAID AFTER CAREFUL DELIBERATION, THE FOLLOWING AGREEMENT HAD BEEN REACHED WITH THE ADMINISTRATION, AND APPROPRIATE AMENDMENTS INCORPORATING SUGGESTIONS BY THE LEGAL PROFESSION, WOULD BE MOVED BY THE HON K C CHAN AND THE HON SZETO WAH AT THE COMMITTEE STAGE.

ON THE OFFICIAL LANGUAGES (AMENDMENT) BILL 1986, A NEW SUBSECTION (4) WILL BE ADDED TO THE NEW SECTION 4B TO PROVIDE THAT ANY PROPOSED ORDER DECLARING A TRANSLATION OF AN EXISTING LAW TO BE AN AUTHENTIC TEXT CANNOT TAKÉ LEGAL EFFECT UNLESS IT IS LAID BEFORE THE LEGISLATIVE COUNCIL IN DRAFT AND APPROVED BY RESOLUTION.

THIS PROPOSED AMENDMENT ENSURED A POSITIVE ROLE FOR THE LEGISLATIVE COUNCIL IN THE PROCESS OF DECLARING AUTHENTIC TEXTS OF EXISTING LEGISLATION, BUT AT THE SAME TIME PLACED THE BURDEN OF PRODUCING SATISFACTORY TESTS ON THE ADMINISTRATION, MR WONG SAID.

IN THE PROPOSED NEW SECTION 4C(1)(A), THE STATUTORY DESCRIPTION OF THE FUNCTION OF THE BILINGUAL LAWS ADVISORY COMMITTEE WILL BE EXPANDED TO MAKE IT EXPRESSLY CLEAR THAT THE ADVICE WHICH IT MAY GIVE TO THE GOVERNOR IN COUNCIL MAY INCLUDE RECOMMENDATIONS AS TO THE SEQUENCE IN WHICH AUTHENTIC TEXTS OF ORDINANCES SHOULD BE DECLARED UNDER SECTION 4B(1)+.

THE INTENTION WAS TO MAKE IT CLEAR THAT THE COMMITTEE HAD A VALUABLE ROLE TO PLAY IN ADVISING THE GOVERNOR IN COUNCIL ON PRIORITIES OF ORDINANCES FOR TRANSLATION, THUS ENSURING THAT THE SEQUENCE WOULD BE REALISTIC AND PRAGMATIĆ, MR WONG EXPLAINED.

IN THE PROPOSED NEW SECTION 4C(3), WHICH DEALS WITH THE COMPOSITION OF THE BILINGUAL LAWS ADVISORY COMMITTEE, AN AMENDMENT WILL PROVIDE THAT THE BARRISTER APPOINTEE WILL BE APPOINTED AFTER CONSULTATION WITH THE CHAIRMAN OF THE HONG KONG BAR ASSOCIATION, AND THE SOLICITOR APPOINTEE AFTER CONSULTATION WITH THE PRESIDENT OF THE LAW SOCIETY.

THE PROPOSED NEW SECTION 4C(6) WILL BE SLIGHTLY AMENDED TO MAKE IT CLEAR THAT THE BILINGUAL LAWS ADVISORY COMMITTEE MAY CONSULT OTHER EXPERTS.

TURNING TO THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) (NO. 3) BILL 1986, MR WONG SAID THE NEW SECTION 10E WOULD BE AMENDED TO PROVIDE THAT NO NOTICE DECLARING WORDS, EXPRESSIONS, OFFICES TITLES ETC. AS EQUIVALENTS IN THE OFFICIAL LANGUAGES SHOULD BE MADE UNLESS THE NOTICE WAS APPROVED IN DRAFT BY THE LEGISLATIVE COUNCIL.

+THIS IS TO ENSURE THAT THE FINAL POWER OF ENACTING LAW RESTS WITH THIS COUNCIL, HE ADDED.

MR WONG CONCLUDED HIS SPEECH BY SAYING THAT THE ENACTMENT OF THE BILLS WAS ONLY THE FIRST STEP TO BILINGUAL LEGISLATION AND MUCH WORK REMAINED TO BE DONE.

/+RESOURCES