TNAG-0305-FCO40-341-Use-of-Chinese-as-official-language-in-Hong-Kong-1971 — Page 142

(x) Simultaneous interpretation

The Sub-committee is of the opinion that the present system of consecutive interpretation in court proceedings should not be replaced by one of simultaneous interpretation.

SECTION E: QUESTIONS REFERRED TO THE SUB-COMMITTEE BY THE Chinese

LANGUAGE Committee

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(i) Government contracts

These comprise contracts made between Government and private companies or individuals and include undertakings and indemnity agreements. Whilst the Sub-committee is of the opinion that it would be ideal if these documents could be in Chinese and English, but as only a comparatively small section of the public is affected, the Sub-committee prefers to treat them on the same basis as contracts made between private companies and individuals and therefore does not recommend strict implementation of bilingualism in this respect.

(ii) Government licences and certificates

The Sub-committee recommends that all Government licences and certificates should be issued in both Chinese and English and both versions should be equally authoritative; provided that where the Head of a Government department (or his responsible delegate) under whose authority such licences or certificates are issued is of the opinion that legal technicalities are involved, then he shall declare in such licences and certificates whether the Chinese or English version shall prevail.

(iii) Statutory Declarations

The Sub-committee recommends that all statutory declarations should be recorded in the language in which they are made and that the present practice of certain Government departments of recording a Chinese declaration in English only should be dis- continued. In case of discrepancy, the original shall prevail. The Sub-committee further recommends that forms for all statutory declarations be made in Chinese and English.

(iv) Statutory Forms

The Sub-committee is of the view that all forms prescribed by law, except those not directly affecting the general public, should be in both Chinese and English. The Sub-committee therefore recommends that the Legislature and/or the appropriate judicial authorities be invited by His Excellency the Governor to consider its proposal that, all existing and future statutory forms within this

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category should be prescribed in both Chinese and English and that both versions be recognized as equally authoritative, save and except when the appropriate authority who is responsible for the translation thereof is of the opinion that a particular form defies accurate translation, then the English text should be accompanied by an explanatory note in Chinese. The Sub-committee further recommends that when a form is directed to a Chinese member of the public and has to be completed by the Judiciary, or by a Government department, then it should be completed either in Chinese only, or in Chinese and English and if such a form has to be completed by a Chinese member of the public, he should be given the option of completing the form in either Chinese or English.

(v) Non-statutory standard forms used in the Judiciary, the Registrar

General's Department and Legal Aid Department

The Sub-committee has examined the non-statutory standard forms directed to or otherwise mainly for the use of the general public and notes that these forms are already largely bilingual. The Sub-committee also notes that the Legal Department does not have the need to use these forms. All non-statutory standard forms, except those not directly affecting the general public should, in the opinion of the Sub-committee, be in Chinese and English. The Sub-committee therefore recommends that His Excellency the Governor should invite the Honourable the Chief Justice to consider, and that the Registrar General's Department and the Legal Aid Department should give effect to, the following:

(a) that all existing and future forms, except those not directly affecting the general public, be made in Chinese and English and that both versions be recognized as being equally authoritative, save and except when the appropriate authority who is responsible for the translation thereof is of the opinion that a particular form defies accurate transla- tion then the original text, whether in Chinese or in English, shall be accompanied by an explanatory note in the other language.

(b) that when such a form has to be directed to a Chinese member of the public and has to be completed by the Judiciary or the above-mentioned Government depart- ments, then it should be completed in either Chinese, or in Chinese and English, and if the form is to be completed by a Chinese member of the public then he should be given the option of completing the form in either Chinese or English.

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