TNAG-1606-FCO40-22121-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 116

the

emerge.

courts.

For

consideration will have to be given to amending Section

5 to allow Chinese to be used in all

Furthermore, numerous problems may example, a judge not familiar with the Chinese language

with faced

difficulties should a bilingual

to base his arguments on the authentic

Theoretically, there should not

be

may lawyer choose

be

Chinese version. any difference between the two texts, but in practice The judge differences in interpretation could arise. would not be at liberty to call expert evidence as the

Chinese text is part of

law. our

This problem

pointed out in the Discussion Paper but no attempt was

provide

was

made to

solution,

to enable

than other

a judge

provide.

· an

answer.

suggesting that perhaps legislation to

to call

a positive

evidence expert

Personally, I do not believe legislation will solve the

may

there Obviously,

is

a

need

this to address

And it is not

problem. problem intelligently and pragmatically.

going to be easy.

Be that as it may,

a start has to be made, especially

in view of the Joint Declaration. I therefore commend to Members

in both Bills

the passage of their agreed amended form, will go down in history as an occasion to remember.

Sir, I am happy to support the motion.

of which

0113D