TNAG-1606-FCO40-22121-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 115

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

the enactment Sir,

is

of the Bills now before Council

Much work remains only the first step to bilingual legislation.

of

to be done. Resources will be a major problem, particularly the

availability

bilingual law draftsmen. At the moment, the Legal Department is able to recruit only 5 qualified Officers for

this

and it is purpose

pieces not expected that many

legislation in Chinese will flow from their combined effort. other important problems deserve our attention

**

of

Two

(1)

The present crop of some 2,000 lawyers practising in Hong Kong are all trained in English.

a

large

languages

number of them

are

bilingual

It is true that

in

SO far as

are

concerned.

But

when

it

comes to

(2)

practising law in Chinese, it is an entirely new ball be handful of bilingual lawyers may a

game. Perhaps

proper course of training.

such

course

is

or

able to practise law in Chinese, provided they undergo

As far as I am aware no

available either in

Hong Kong

elsewhere in the world. It is therefore absolutely

essential that if we are to move towards bilingual

legislation our

law

colleges must, as

as soon

is

to cater for

practicable, provide appropriate courses

this new situation. The price will be high but do we

have any choice?

Another problem which is

is not generally appreciated is that Chinese may be used only in the lower courts, e.g.

the

the various magistracies and

the tribunals. In

District Court, the High Court and the Court of Appeal,

only English may be

be used. This is clearly stipulated

in Section 5 of the Official Languages Ordinance. The reasons are obvious. Hong Kong Law is based on English

Common Law,

law,

which

all are

English.

Section 4 of the Official

in

Law and

case

When the key

mandatory to enact new laws in

both languages,

Languages (Amendment) Bill comes into effect, making it

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