XN000022-1995-05-24 — Page 42

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Official Languages (Amendment) Bill 1995

Following is the speech by the acting Chief Secretary, the Hon Michael Leung, in moving the second reading of the Official Languages (Amendment) Bill 1995 in the Legislative Council today (Wednesday):

Mr President,

I move that the Official Languages (Amendment) Bill 1995 be read the second time. The Bill seeks to remove the present restriction on the use of Chinese in the higher courts and certain tribunals.

Section 5(1) of the Official Languages Ordinance provides that proceedings in the courts specified in the Schedule to the Ordinance may be conducted in either English or Chinese as the court thinks fit. These scheduled courts include the Magistrates' Courts. Coroner's Court, Juvenile Court, Labour Tribunal, Small Claims Tribunal, Immigration Tribunal. Municipal Services Appeals Board, Administrative Appeals Board and Minor Employment Claims Adjudication Board. However, section 5(2) requires that proceedings in the Court of Appeal, the High Court, the District Court and any other courts not specified in the Schedule shall only be conducted in the English language. This means that all hearings in these courts are conducted in English only, although section 5(3) specifically allows the parties and witnesses attending before any court to use either of the languages or such other language as the court may permit, with interpretation provided by a Court Interpreter as required. Chinese documents which are to be produced in court must be translated into English and certified by official translators.

In August 1992, the Chief Justice appointed a working party chaired by Mr Justice Patrick Chan to "consider the ways in which the Chinese language can be used in the District Court within existing resources and with the addition of reasonable resources". In September 1993, he appointed another working party chaired by Mr Justice Litton to "consider the means by which the use of the Chinese language may be further promoted in court proceedings at all level where appropriate, and generally the greater use of Chinese in the law." Both Working Parties recommended that the present restriction on the use of Chinese in the higher courts should be removed. Having accepted this recommendation in principle, the Chief Justice appointed, in September 1994, a Steering Committee, under the chairmanship of Mr Justice Patrick Chan, to advise on how this should be implemented. The Steering Committee has now completed its task and put forward its recommendations on both the necessary legislative amendments and the actual implementation strategy.