XN000022-1994-11-16 — Page 64

40

WEDNESDAY, NOVEMBER 16, 1994

(C)

WHAT MEASURES WILL BE TAKEN BY THE ADMINISTRATION RECTIFY THE PRESENT SITUATION IN WHICH ENGLISH STILL WIDELY USED AS THE PRINCIPAL LANGUAGE DOCUMENTS WHICH HAVE A LEGAL BINDING EFFECT; AND WILL THE ADMINISTRATION ADDRESS THE ISSUE SO AS AVOID ANY CONTRAVENTION OF ARTICLE 9 OF THE BASIC OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION WHICH STIPULATES THAT BOTH CHINESE AND ENGLISH OFFICIAL LANGUAGES

IN ORDER TO FACILITATE SMOOTH OPERATION OF THE FUTURE SPECIAL ADMINISTRATIVE REGION?

TO

IS

IN

HOW

TO

LAW

ARE

THE

GOVERNMENT OF THE

MR PRESIDENT,

(A)

ON THE

3(2) OF

A RECENT SURVEY OF GOVERNMENT DEPARTMENTS IMPLEMENTATION OF THE PROVISIONS OF SECTION THE OFFICIAL LANGUAGES ORDINANCE SHOWS THAT A LARGE DEGREE OF SUCCESS HAS BEEN ACHIEVED IN THE EQUAL USE OF ENGLISH AND CHINESE IN COMMUNICATIONS WITH MEMBERS OF THE PUBLIC. NEVERTHELESS, SOME DOCUMENTS ARE STILL REQUIRED TO BE SUBMITTED TO THE GOVERNMENT IN ENGLISH ONLY. THESE ARE LISTED IN APPENDIX I.

OFFICIAL

BETWEEN

OF THE EXPRESS

(B) ALTHOUGH SECTION 3 OF THE OFFICIAL LANGUAGES ORDINANCE

PROVIDES THAT ENGLISH AND CHINESE ARE BOTH LANGUAGES FOR

THE PURPOSE OF COMMUNICATION GOVERNMENT OR ANY PUBLIC OFFICER AND MEMBERS PUBLIC, THIS PROVISION DOES NOT OVERRULE

AN EXISTING PROVISION IN ANY OTHER ORDINANCE NOR DOES IT PROVIDE FOR THE OFFICIAL LANGUAGES ORDINANCE ΤΟ PREVAIL SHOULD THERE BE A CONFLICT WITH AN EXISTING ORDINANCE. CONSEQUENTLY, THE EXISTENCE OF STATUTORY REQUIREMENTS FOR SUBMISSIONS TO BE MADE IN ENGLISH DOES NOT VIOLATE THE PROVISIONS OF

THE OFFICIAL LANGUAGES ORDINANCE.

(C)

IT IS INDEED GOVERNMENT POLICY THAT DOCUMENTS WHICH HAVE A LEGALLY BINDING EFFECT SHOULD EVENTUALLY BE BILINGUAL. HOWEVER, THE CONTENTS OF THESE DOCUMENTS ARE TECHNICALLY COMPLEX AND INVOLVE LEGAL LIABILITY. THE TRANSLATION OF THESE DOCUMENTS WOULD REQUIRE SUBSTANTIAL EXPERT INPUT FROM BILINGUAL LAWYERS.

/GIVEN THE