(iv) In
8.2
(1)
ite
the Joint Declaration. the Chinese government states in
PRC, Memorandum that under the Nationality Law of the all Hong Kong Chinese compatriots. whether they are holders of the "British Dependent Territories Citizens' Passports" or not. are Chinese nationals. This statement made it quite clear that the Chinese people referred to in the above are Chinese nationals. The original nationality of these people does not change by virtue of holding the Baid documents. This should answer the query raised by some people.
Questions to be resolved:
How is the nationality of Hong Kong residents determined?
(11) Apart from
holders of the British Dependent Territories Citizens' Passports, will other foreign passport holders who were previously of Chinese nationality also be
"Chinese nationals"?
As
(111) How
will
Hong Kong?
classified
the Nationality Law of the PRC be implemented in
(iv) Can people of Chinese origin residing in Hong Kong refuse to
accept their status as Chinese nationals?
(v) What constitutes dual nationality?
(vi) Can foreign nationale and stateless persons in Hong Kong
become Chinese nationals?
provided that
Final Appeal. If this reasoning holds true. the Judicial system shall remain unchanged, the long- standing phenomenon where the English language alone is used
in the higher
will courts of Hong Kong
unchanged. Further study has to be carried out on this issue.
stay
(111) Another issue related to the language problem is the English version of the Basic Law. The cause is identical to that of the use of English in the judicial organa. There is no doubt that there should be an official version of the Basic Law. In other words. the Chinese and the English versions @hell have the same legal status and shall both acceptable in the courts of law. The crux of the problem
ba
18: Which version shall prevail in the case of discrepancy between the two versions? Since the Basic Law is written in the Chinese language and the English version 18 Just A translation. one view holds that the Chinese version should prevail as a matter of course, but that this should only
when there is discrepancy between the two versions. apply This treatment should not affect the status of the English version.
(iv) Another solution to
this problem is that for the NPC should Beek A way to pass an equally authentic English text of the Basic Law. This idea has yet to be further explored and If this is feasible, the person who put forward this proposal will have to further explain how discrepancies between the two languages are to be dealt with.
developed.
7.
The Official Language
9.1
Focus of discussion:
(1)
The use of English is indispensable to the workings of A cosmopolitan city like Hong Kong. Due to historical factors. English plays a special role in this city. Thus it is only natural that many people. particularly those in the legal and business sectors, have expressed concern about the role of English in relation to Chinese after 1997. The public basically subscribe to the provision that in addition to the Chinese language, the English language may also be used the government organs of the HKSAR. However, they have misgivings about how this is to be implemented.
by
(11) The general view shared by people in the legal and Judicial profession is that the English language should be used in the courte of law, particularly the higher courts. The reason 18 that Hong Kong will continue to practise the
common
law, and all along the legal precedents have been written in English. Besides, foreign judges may be invited
to sit on the courts of Hong Kong. Thus, they think that it i inevitable that the English language will be used in the Court. the Court of Appeal and the future Court of
9.2
Questions to be resolved:
(1)
Under the common law system, members of the Judiciary
have
to refer to huge quantities of precedents written in the English language. Does this mean that the Chinese language cannot be used in the higher courts
Buch AS of law.
the High Court. the Court of Appeal and the future Court of Final.
Court?
(11) The technical problem of translation aside, is it feasible to use the Chinese language &A the language of law under the common law system?
(111) If the Chinese language can be used in the courts of law. how iB the technical problem of using English-based precedents to be resolved?
(iv) How should a legally binding English version of the Basic
Law be enacted?
(v) Is
there any other means of resolving discrepancies the Chinese and the English versions?
between
13
14
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