*********************************
The following is issued on behalf of the Judiciary:
Following the setting up of the bilingual court system, the number of cases tried in Chinese in courts has increased over the years, a spokesman for the Judiciary said today (April 13).
Under Article 9 of the Basic Law, in addition to the Chinese language, English may also be used as an official language by the Judiciary of the HKSAR.
That included filing and conducting proceedings.
"The accused or parties to the proceedings have the right to apply to the court for their trials to be heard in either language," the spokesman said.
The Judiciary recorded a fourfold increase in the number of cases tried in Chinese in the High Court from 73 in 1997 to 363 in 2000.
It registered a nearly twofold increase from 23 % in 1997 to 41 % in 2000 in appeals heard in Chinese in the Court of First Instance of the High Court.
In the Magistrates' Courts, over 76% of the trial were now conducted in Chinese. In the Small Claims Tribunal and the Labour Tribunal where legal representation was not allowed, hearings in Chinese accounted for over 90% of all the cases.
The spokesman noted that the Judiciary's objective was to put in place a bilingual court system in which either or both of the official languages may be used.
A judge or judicial officer may use either Chinese or English in conducting any hearing to which the Official Languages Ordinance, Cap. 5 extended, the spokesman said.
The spokesman pointed out that in deciding which one of the official languages was to be used, the paramount consideration was the just and expeditious disposal of the cause or matter, having regard to all the circumstances of the case.
The factors which would be taken into consideration included the language ability of the accused or litigants and their lawyers; the language in which the witness would testify and the wishes of the accused or litigants.
The factual and legal issues in dispute; the volume of documents which may be required to be translated into the other official language were also among the factors.
"In cases where the accused or litigant or the witness is not conversant with the official language in which the trial is conducted, interpretation services are provided by court interpreters," the spokesman said.
The spokesman noted that the Judiciary had achieved the target of putting in place a bilingual court system in June 1997 when all remaining legal restrictions on the use of Chinese in courts were lifted.
Since 1974, either English or Chinese could be used in the Magistrates' Courts. Restriction on the use of the Chinese language in the District Court and the Lands Tribunal was lifted in February 1996. Similar restriction in the High Court for hearing appeals from Magistrates Courts, the Labour Tribunal and the Small Claims Tribunal was lifted in December 1996. Use of Chinese as official language in civil and criminal proceedings was allowed in High Court in June 1997.
End/Friday, April 13, 2001
NNNN
