TNAG-1703-FCO40-2375-Commercial-crimes-in-Hong-Kong-Complex-Commercial-Crimes-Bil-1987 — Page 38

Publication in an

official language of the text of an existing law enacted in the other.

Bilingual Laws Advisory Committee.

(Cap. 87.)

Amendment of

4.

section 5.

2

cial

4B. (1) Where an Ordinance has been enacted in on language, the Governor in Council may, by order in the Gazette made after consultation with the Bilingual Laws Advisory Committee, declare that the authentic text of that Ordinance in the other official language shall be as specified in the order.

(2) Where under subsection (1) the Governor in Council has declared a text to be an authentic text of an Ordinance and it appears to him that there is any manifest error, omission or inaccuracy in that text, he may, by order in the Gazette, correct that error, omission or inaccuracy; and any such correction shall be deemed to have been incorporated in the text at the time when it was declared to be the authentic text.

(3) The Attorney General may, by order in the Gazette, make formal alterations to the text of an Ordinance enacted in one official language, without affecting the meaning thereof, in order to achieve harmony of expression with a text declared under subsection (1) to be the authentic text of that Ordinance in the other official language.

4C. (1) There shall be a Bilingual Laws Advisory Committee which shall

(a) advise the Governor in Council whenever consulted by him

under section 4B(1); and

(b) perform such other functions as the Governor in Council

may from time to time direct,

in relation to the publication of laws in the official languages.

(2) The Bilingual Laws Advisory Committee shall consist of a chairman and other members appointed by the Governor, who shall hold office for such period as the Governor may determine.

(3) The members of the Bilingual Laws Advisory Committee appointed under subsection (2) shall include-

(a) a legal officer, as defined in section 2 of the Legal Officers

Ordinance;

(b) a practising solicitor;

(c) a practising barrister; and

(d) not less than 2 persons, not being public officers, who in the

opinion of the Governor have appropriate language skills.

(4) A member of the Bilingual Laws Advisory Committee may resign at any time by notice in writing addressed to the Governor.

(5) The Bilingual Laws Advisory Committee shall meet as often

as may be necessary for the discharge of its functions under subsec- tion (1) or as the chairman may direct.

(6) The procedure of the Bilingual Laws Advisory Committee shall be such as the chairman may determine and, subject thereto, the Committee---

(a) may establish sub-committees to assist the Committee in the

discharge of its functions; and

(b) may appoint as members of any such sub-committee suit- ably qualified persons to assist such sub-committee.".

Section 5 of the principal Ordinance is amended---

(a) in subsection (I) by deleting "the English language or the Chinese language"

and substituting the following-

"of the official languages";

5.

3

in subsection (3) by deleting "the English language or the Chinese language" and substituting the following-

"of the official languages".

The Schedule to the principal Ordinance is amended in the heading thereto Amendment of by deleting "THE ENGLISH LANGUAGE OR THE CHINESE LANGUAGE" the Schedule. and substituting the following—

"OF THE OFFICIAL LANGUAGES”.

Explanatory Memorandum

The object of this Bill is to provide for the enactment of new legislation in Chinese as well as English. It also provides for the publication of authentic texts in Chinese of laws enacted in English; such publication will be authorized by order of the Governor in Council acting after consultation with the Bilingual Laws Advisory Committee.

2. The Governor in Council is given powers to correct errors in an authentic text published under the Ordinance, and the Attorney General may amend the text of an Ordinance in one language (but without affecting its meaning) to ensure its harmonization with an authentic text in the other official language.

3. The Bill provides for the establishment of the Bilingual Laws Advisory Committee and for its procedure and membership.

4. The net staffing requirements are estimated to cost $17 million per annum. Initial costs in respect of equipment required for the production of bilingual legislation are estimated to be about $7.4 million.

一九八六年法定語文(修訂)條例草案

摘要說明

本條例草案的目的,是規定可以使用中文和英文制定新法例。本草案並 規定,可就原以英文制定的法例,頒佈中文的真確文本;總督會同行政局將會徵詢 雙語法例諮詢委員會的意見,然後下令授權頒佈該等真確文本。

二、 總督會同行政局有權改正根據本條例頒佈的真確文本內的錯誤,而律政 司則有權修訂由一種法定語文制定的條例文本(但以不影響文意為原則),以確保該 條例文本與另一種法定語文的真確文本,互相協調。

定。

本草案就雙語法例諮詢委員會的成立、工作程序和成員方面,作出規

四、在人手需求方面的净開支,估計每年需費1,700萬元。印製雙語法例所 需設備的初期開支,估計約為740萬元。