Amendment of
section 37.
2
3
Name of statutory body corporate.
Words etc. in the official languages may be declared as equivalents.
5.
(2) In this section "common law" means the common law and rules of equity in force in Hong Kong.
10D. Where an Ordinance establishes a body corporate and in the English language text and Chinese language text of that Ordin- ance the name of the body corporate is in the form only of the language of that text, the name of the body corporate shall consist of the form of its name in each of the texts of the Ordinance.
10E. (1) The Governor in Council may, by notice in the Gazette, declare that any word, expression, office, title (including the short title of any Ordinance), citation or thing therein specified in one official language shall, in relation to the interpretation of an Ordin- ance, be the equivalent of any word, expression, office, title, citation or thing therein specified in the other official language.
(2) Any declaration under subsection (1) shall have the like effect as if enacted as a substantive provision of this Ordinance.".
Section 37 of the principal Ordinance is amended- (a) by renumbering the existing section as subsection (1);
(b) by inserting after subsection (1) the following-
"(2) Where a form is prescribed in any Ordinance in both official languages and the text in one official language is combined in a
particular manner with, or is set out separately from, the text in the other official language, the form may be printed and used—
(a) with the texts combined in any manner; or
(b) in either official language.".
Explanatory Memorandum
This Bill amends the principal Ordinance to provide for the interpretation of legislation to be published in both English and Chinese by virtue of the Official Languages (Amendment) Bill.
2. The principal provision is new section 10B (clause 4) which declares both texts to be equally authentic and provides for resolving differences of meaning between the two texts. Clause 4 also deals with English law expressions in an Ordinance, and corporation names, and enables the Governor in Council by notice in the Gazette to specify words, expressions etc. in one language that are to be treated as the equivalent of words, expressions etc. in the other.
3.
Clause 3 retains, in modified form, the existing provision relating to Chinese words in the English text of the laws.
4.
Clause 5 enables the Chinese and English texts of prescribed forms to be printed and used either separately or combined in any manner.
5. The Bill has no financial or Public Service staffing implications.
一九八六年法律釋義及通則(修訂)(第三號)條例草案
摘要說明
本條例草案修訂原有條例,從而規定:根據法定語文(修訂)條例草案, 法律釋義須以中英文頒佈。
二、 新訂的第十條(草案第四條)是主要的條文,除宣佈中英文本同樣真確 外,並制定規則,以消除中英文本在意義上的歧異。草案第四條並制定條款,以處 理條例所用英國法律詞語、法人團體名稱等問題,並授權總督會同行政局在憲報刊 登公告,宣佈以一種語文表達的單字和詞語等,和以另一種語文表達的單字和詞 語,具有相同意義。
三、草案第三條保留有關法例英文本內用中文字的現有條款,但作修改。
四、
草案第五條列明表格的中英文本可單獨或以任何方式合併刊印和使用。
五、 本條例草案對政府開支和人手需求方面都没有影響。
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