bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

sponsorType

authorLocations

authors

paywallTypes

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

SCMP Reporter

THE Chief Justice, Sir Ti LiangYang, will control the introduction of Chinese to be used in higher courts by imposing a moratorium on the Official Languages Ordinance.

  Sir Ti Liang proposed yesterday to amend the ordinance, which now restricts Chinese to the level of magistrates' courts.

    Asked if he would delay the use of Chinese in courts, the Chief Justice said: ''I can but I don't think I will dare to do it.''   A High Court justice advising Sir Ti Liang on a phase-in said District Court criminal cases, some civil cases and appeals could be conducted in Chinese once the law was changed. It was hoped to have the amendment in place by mid-1995.

  ''The rigidity of this [ordinance] gives no discretion to the presiding judge, even though for purposes of the matter before him he concludes that it would be disposed of more justly, expeditiously and economically by the use of Chinese language,'' Sir Ti Liang said.

  He proposed the moratorium be included to allow a flexible, phased implementation, and said it was likely to last longer than six months.

  The phase-in of Chinese in court would depend on how much and how quickly resources and manpower were provided, he said.

  A steering committee chaired by Mr Justice Patrick Chan will advise the Chief Justice and be responsible for planning, directing, and monitoring the use of the Chinese language in courts.

  Representatives from the Bar Association, the Law Society, the administration, the Legal Department and the Legal Aid Department will be invited to sit on the committee.

  Mr Justice Chan said Chinese could be used in matrimonial, employment and tenancy cases as well as criminal cases in the District Court once the law was changed, as well as for appeals from magistrates and tribunals.

  He hoped that by 1997, some High Court cases could be heard in Chinese.

  Sir Ti Liang agreed this would be possible if the issues were factual rather than legal.

  He said phasing in Chinese depended on the availability of Chinese-speaking judges and magistrates.

  ''Our hope is that by 1997, the courts will be 50 per cent localised,'' he said.

   At present, 43 per cent of the 160 judges and magistrates are Chinese.

  Even in lower courts, he said it would be some time before the hesitancy to use Chinese was overcome. He said about 16 magistrates were willing to use Chinese, although an internal survey found most of the 50 local officers in magistrates courts had experience in Chinese trials.

  Although the Official Languages Ordinance had to be amended to be compatible with the Basic Law, this was not the only reason for change: 95 per cent of the population was Chinese.

  ''I think it is quite wrong that the person should go into the court where his whole liberty, his reputation and his property is at stake, and he does not know what is going on except second-hand through interpreters,'' Sir Ti Liang said.

  ''From that point of view, the use of Chinese language is per se important, not because of 1997. We need to promote the use of Chinese language for the sake of our own people.'' 



Use of Chinese to be gradual