XN000022-1990-02-12 — Page 4

MONDAY, FEBRUARY 12, 1990

"IT IS THAT THE LAW SHOULD BE ACCESSIBLE LANGUAGE OR LANGUAGES CAPABLE OF BEING UNDERSTOOD IT IS DESIGNED TO SERVE, HE EXPLAINED.

It

TO, AND THUS IN A BY, THE COMMUNITY

THE ATTORNEY GENERAL SAID THE BILINGUAL CHARACTER OF HONG KONG MADE IT AN APPROPRIATE PLACE IN WHICH TO HOLD A CONFERENCE ON THE THEME OF "LANGUAGE AND LAW IN MULTILINGUAL SETTINGS".

HE SAID THAT UNDER HONG KONG LAW, BOTH THE CHINESE LANGUAGE AND THE ENGLISH LANGUAGE WERE DECLARED TO BE OFFICIAL LANGUAGES FOR THE PURPOSES OF COMMUNICATION BETWEEN THE GOVERNMENT AND MEMBERS OF THE PUBLIC.

MR MATHEWS POINTED OUT THAT ALTHOUGH CHINESE WAS THE LANGUAGE OF THE VAST MAJORITY OF THE POPULATION, FOR HISTORICAL REASONS THE LEGAL SYSTEM IN HONG KONG WAS BASED UPON THE COMMON LAW AND THE LANGUAGE OF THE COMMON LAW WAS ENGLISH.

OUTLINING THE BILINGUAL LEGISLATION PROGRAMME HONG KONG, THE ATTORNEY GENERAL SAID: "UNTIL APRIL LEGISLATION IN HONG KONG WAS IN ENGLISH.'

Pė

UNDER WAY IN 7. 1989, ALL

AS FROM THAT DAY ALL NEW PRINCIPAL PIECES OF LEGISLATION WERE TO BE ENACTED IN BOTH ENGLISH AND CHINESE, HE SAID.

AS FOR EXISTING LEGISLATION, MR MATHEWS SAID PREPARING THE CHINESE TEXT OF ORDINANCES HAD BEGUN.

THE PROCESS OF

THERE WERE 532 ORDINANCES AND THE TOTAL NUMBER OF PAGES INVOLVED WAS ABOUT 20,000.

"PRIORITIES ARE BEING SET BY AN ADVISORY COMMITTEE COMPRISING PRACTISING LAWYERS, LINGUISTS, A LEGAL ACADEMIC AND A LEGAL OFFICER FROM MY CHAMBERS AND CHAIRED BY A DISTINGUISHED ACADEMIC AND LEGISLATOR, THE ATTORNEY GENERAL SAID.

"

HE SAID THAT THE CHINESE TEXT OF EACH EXISTING ORDINANCE WAS TO BE DECLARED AUTHENTIC BY THE GOVERNOR IN COUNCIL AFTER CONSULTATION WITH THE ADVISORY COMMITTEE AND APPROVAL BY THE LEGISLATIVE COUNCIL.

"BOTH THE ENGLISH LANGUAGE TEXT AND THE CHINESE LANGUAGE OF A BILINGUAL ORDINANCE ARE DECLARED TO BE EQUALLY AUTHENTIC.

TEXT

TO

"THERE CAN BE NO QUESTION OF ONE LANGUAGE BEING PREFERRED THE OTHER. THE PROVISIONS OF A BILINGUAL ORDINANCE ARE PRESUMED то HAVE THE SAME MEANING IN EACH AUTHENTIC TEXT.

"WHERE A COMPARISON OF THE AUTHENTIC TEXTS OF AN ORDINANCE DISCLOSES A DIFFERENCE OF MEANING WHICH THE RULES OF STATUTORY INTERPRETATION ORDINARILY APPLICABLE DO NOT RESOLVE, THE MEANING THAT BEST RECONCILES THE TEXTS, HAVING REGARD TO THE OBJECT AND PURPOSES OF THE ORDINANCE. SHALL BE ADOPTED," MR MATHEWS EXPLAINED.

/HE SAID