The legal system could be destroyed by rapid changes aimed at beating the deadline to make it more Chinese before the handover, the Bar Council and Law Society warned yesterday.
Moves towards localisation, the introduction of the Chinese language in courts and the establishment of bilingual laws could increase the brain drain and lead to the common law being abandoned, it was claimed.
The fears were expressed in speeches made to lawyers and judges at the last ceremonial opening of the new legal year before the handover.
Chairman of the Bar Gladys Li Chi-hei QC said: 'No one will thank us if in the rush to beat the deadline of July 1, 1997, we damage the fabric of our legal system.' Her concerns were echoed by Law Society president Christopher Chan Cheuk, who said: 'The fear held by many is that a wholesale swing towards the use of the Chinese language throughout all our courts will eventually lead to the abandonment of the common law system.' But acting Chief Justice Noel Power sought to dispel the fears. He accepted the creation of a bilingual system was a formidable task but said: 'We have no doubt that our measured and pragmatic approach will succeed.' Attorney-General Jeremy Mathews said the introduction of Chinese was 'of immeasurable value' and argued that the developments could be introduced without compromising the quality or integrity of the system.
Ms Li said the change in the language was motivated only by the impending transfer of sovereignty, and not 'from a desire to improve the administration of justice nor to see that no person is disadvantaged'.
Administrative efficiency and cost-cutting must not be placed above the interests of justice, Ms Li said.
She pointed out problems which have been encountered in the planned introduction of Chinese-language jury trials and the creation of bilingual legislation.
