TNAG-1241-FCO40-1554-Future-of-Hong-Kong-1983 — Page 41

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(524

Private Secretary

HONG KONG LEGAL SYSTEM

CONFIDENTIAL

"Sevety A State

FROM: R D CLIFT, HKD

DATE: 6 September 1983

CC:

(with encs):

20: Sunsh

22

MKKOAO!!

RECEIVED IN REGISTRY

14 SEP 1983

DESK OFFICER INDEX

PA

PEGISTRY

Action Taken

|CH22 19

PS/ Mr Luce

PS/PUS

Mr Giffard

Mr Thomson, FED

Sir I Sinclair

Mr Burrows, Legal

Advisers

Mr Walker,

Research Dept

1. Mr Holmes's minute of 1 September drew attention to the Times

report of the same date on the language used in the legal system in

Hong Kong and reported the Secretary of State's query whether

English would, or should, have any particular status in Hong Kong

after 1997.

S

2. It is correct that the Laws of Hong Kong are in English. Some

have been translated into Chinese for the benefit of local

residents, but the English text is always the authoritative one. English is used in courts, although translation facilities are

available. In so far as it is considered essential that the present legal system, based on English law and administered by judges who are British expatriates, should be retained in Hong Kong after 1997, it is obviously important that English should continue to be used. It is difficult to see how the Hong Kong legal system could

- otherwise continue to keep abreast of developments in the UK and

other Commonwealth countries, or how existing judges would be persuaded to stay or how new ones could be recruited. There is, however, obvious scope for the translation of all Hong Kong laws

into Chinese.

3.

On the wider point, the fact that English is the main language

CONFIDENTIAL

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