OFFICIAL LANGUAGES ORDINANCE - CHAPTER 5 OFFICIAL LANGUAGES ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To provide for the official languages of Hong Kong, and for their status and use. [15 February 1974] (Originally 10 of 1974) OFFICIAL LANGUAGES ORDINANCE - SECT 1 Short title VerDate:30/06/1997 This Ordinance may be cited as the Official Languages Ordinance. OFFICIAL LANGUAGES ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 In this Ordinance, unless the context otherwise requires- "Bilingual Laws Advisory Committee" (雙語法例諮詢委員會) means the Committee established under section 4C; (Added 17 of 1987 s. 2) "court" (法院、法庭) means any court, and also means any board, tribunal or person having by law the power to hear, receive and examine evidence on oath. "Bilingual Laws Advisory Committee" (雙語法例諮詢委員會) "court" (法院、法庭) OFFICIAL LANGUAGES ORDINANCE - SECT 3 Official languages and their status and use VerDate:30/06/1997 (1) The English and Chinese languages are declared to be the official languages of Hong Kong for the purposes of communication between the Government or any public officer and members of the public and for court proceedings. (Amended 51 of 1995 s. 2) (2) The official languages possess equal status and, subject to the provisions of this Ordinance, enjoy equality of use for the purposes set out in subsection (1). OFFICIAL LANGUAGES ORDINANCE - SECT 4 Enactment of Ordinances in both official languages VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 (1) All Ordinances shall be enacted and published in both official languages. (2) Nothing in subsection (1) shall require an Ordinance to be enacted and published in both official languages where that Ordinance amends another Ordinance and- (a) that other Ordinance was enacted in the English language only; and (b) no authentic text of that Ordinance has been published in the Chinese language under section 4B(1). (3) Nothing in subsection (1) shall require an Ordinance to be enacted and published in both official languages where the Chief Executive in Council- (Amended 26 of 1999 s. 3) (a) is of the opinion that a Bill is urgent and its enactment as an Ordinance in both official languages will occasion unreasonable delay; and (b) directs that the Bill shall be presented to the Legislative Council in one of the official languages. (4) Nothing in this section shall be construed as restricting the use of Chinese words in the English text of an Ordinance or of English words in the Chinese text of an Ordinance. (5) This section shall not extend to subsidiary legislation. (Replaced 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4 Enactment of Ordinances in both official languages VerDate:30/06/1997 (1) All Ordinances shall be enacted and published in both official languages. (2) Nothing in subsection (1) shall require an Ordinance to be enacted and published in both official languages where that Ordinance amends another Ordinance and- (a) that other Ordinance was enacted in the English language only; and (b) no authentic text of that Ordinance has been published in the Chinese language under section 4B(1). (3) Nothing in subsection (1) shall require an Ordinance to be enacted and published in both official languages where the Governor in Council- (a) is of the opinion that a Bill is urgent and its enactment as an Ordinance in both official languages will occasion unreasonable delay; and (b) directs that the Bill shall be presented to the Legislative Council in one of the official languages. (4) Nothing in this section shall be construed as restricting the use of Chinese words in the English text of an Ordinance or of English words in the Chinese text of an Ordinance. (5) This section shall not extend to subsidiary legislation. (Replaced 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4A Making of bilingual subsidiary legislation in both official languages VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 (1) The Chief Executive in Council may, by order in the Gazette, direct that subsidiary legislation- (Amended 26 of 1999 s. 3) (a) of any class or description specified in the order; and (b) made after the date on which the order takes effect, shall be made and published in both official languages. (2) An order under subsection (1) may be made subject to such exceptions or qualifications as may be stated therein. (3) Nothing in subsection (1) shall prevent any subsidiary legislation which is not specified in an order under that subsection being made and published in both official languages. (Added 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4A Making of bilingual subsidiary legislation in both official languages VerDate:30/06/1997 (1) The Governor in Council may, by order in the Gazette, direct that subsidiary legislation- (a) of any class or description specified in the order; and (b) made after the date on which the order takes effect, shall be made and published in both official languages. (2) An order under subsection (1) may be made subject to such exceptions or qualifications as may be stated therein. (3) Nothing in subsection (1) shall prevent any subsidiary legislation which is not specified in an order under that subsection being made and published in both official languages. (Added 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4B Publication in an official language of the text of an existing law enacted in the other VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 (1) Where an Ordinance has been enacted in one official language, the Chief Executive 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 a text has been declared to be an authentic text of an Ordinance under subsection (1) and it appears to the Chief Executive in Council 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 Secretary for Justice 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. (Amended L.N. 362 of 1997) (4) (Repealed 46 of 1994 s. 2) (Added 17 of 1987 s. 3. Amended 26 of 1999 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4B Publication in an official language of the text of an existing law enacted in the other VerDate:30/06/1997 (1) Where an Ordinance has been enacted in one official 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. (4) (Repealed 46 of 1994 s. 2) (Added 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4C Bilingual Laws Advisory Committee VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 (1) There shall be a Bilingual Laws Advisory Committee which shall- (a) advise the Chief Executive in Council whenever consulted by him under section 4B(1), which advice may include recommendations as to the sequence in which authentic texts of Ordinances should be declared under section 4B(1); and (b) perform such other functions as the Chief Executive 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 Chief Executive, who shall hold office for such period as the Chief Executive 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 (Cap 87); (b) a practising solicitor appointed after consultation with the president of the Law Society of Hong Kong; (c) a practising barrister appointed after consultation with the chairman of the Hong Kong Bar Association; and (d) not less than 2 persons, not being public officers, who in the opinion of the Chief Executive 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 Chief Executive. (5) The Bilingual Laws Advisory Committee shall meet as often as may be necessary for the discharge of its functions under subsection (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; (b) may appoint as members of any such sub-committee suitably qualified persons to assist such sub-committee; and (c) may consult with such other persons as the Committee may deem fit. (Added 17 of 1987 s. 3. Amended 26 of 1999 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4C Bilingual Laws Advisory Committee VerDate:30/06/1997 (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), which advice may include recommendations as to the sequence in which authentic texts of Ordinances should be declared 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 (Cap. 87); (b) a practising solicitor appointed after consultation with the president of the Law Society of Hong Kong; (c) a practising barrister appointed after consultation with the chairman of the Hong Kong Bar Association; 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 subsection (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; (b) may appoint as members of any such sub-committee suitably qualified persons to assist such sub-committee; and (c) may consult with such other persons as the Committee may deem fit. (Added 17 of 1987 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4D Secretary for Justice's power to achieve consistency VerDate:01/07/1997 (1) The Secretary for Justice may, by order in the Gazette, make formal alterations to the text of an Ordinance in one official language to achieve consistency between- (Amended L.N. 362 of 1997) (a) a word, expression or phrase in the text to which the alteration is made; and (b) a word, expression or phrase in- (i) that text; or (ii) the text of another Ordinance in the same official language, where both such words, expressions or phrases purport to be the equivalent of the same word, expression or phrase in the other official language in the same context. (2) No order made under subsection (1) shall come into operation before the expiry of the period within which a resolution providing for the amendment of the order may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap 1). (Added 46 of 1994 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 4D Attorney General's power to achieve consistency VerDate:30/06/1997 (1) The Attorney General may, by order in the Gazette, make formal alterations to the text of an Ordinance in one official language to achieve consistency between- (a) a word, expression or phrase in the text to which the alteration is made; and (b) a word, expression or phrase in- (i) that text; or (ii) the text of another Ordinance in the same official language, where both such words, expressions or phrases purport to be the equivalent of the same word, expression or phrase in the other official language in the same context. (2) No order made under subsection (1) shall come into operation before the expiry of the period within which a resolution providing for the amendment of the order may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap 1). (Added 46 of 1994 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 5 Judicial proceedings VerDate:11/06/1999 (1) A judge, magistrate or other judicial officer may use either or both of the official languages in any proceedings or a part of any proceedings before him as he thinks fit. (Amended 21 of 1999 s. 24) (2) The decision of a judge, magistrate or other judicial officer under subsection (1) is final. (3) Notwithstanding subsection (1), a party to or a witness in any proceedings or a part of any proceedings may- (a) use either or both of the official languages; and (b) address the court or testify in any language. (4) Notwithstanding subsection (1), a legal representative in any proceedings or a part of any proceedings may use either or both of the official languages. (Amended 21 of 1999 s. 24) (5) The Chief Justice may make rules and issue practice directions to regulate the use of the official languages in the courts. (Replaced 51 of 1995 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 5 Judicial proceedings VerDate:30/06/1997 (1) Subject to section 6, a judge, magistrate or other judicial officer may use either or both of the official languages in any proceedings or a part of any proceedings before him as he thinks fit. (2) The decision of a judge, magistrate or other judicial officer under subsection (1) is final. (3) Notwithstanding subsection (1), a party to or a witness in any proceedings or a part of any proceedings may- (a) use either or both of the official languages; and (b) address the court or testify in any language. (4) Notwithstanding subsection (1) and subject to section 6, a legal representative in any proceedings or a part of any proceedings may use either or both of the official languages. (5) The Chief Justice may make rules and issue practice directions to regulate the use of the official languages in the courts. (Replaced 51 of 1995 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 6 (Repealed 21 of 1999 s. 25) VerDate:11/06/1999 OFFICIAL LANGUAGES ORDINANCE - SECT 6 Transitional arrangements VerDate:04/05/1998 (1) The Chief Justice may by notice published in the Gazette specify- (a) the period during which, and the conditions under which, a court and legal representatives may use either or both of the official languages in specified proceedings in a specified court on a trial basis; and (b) the date from which a court and legal representatives may use either or both of the official languages in specified proceedings in a specified court. (2) Proceedings in the Court of Appeal, the High Court, the District Court and the Lands Tribunal, except to the extent that the rules applicable permit or a notice under subsection (1)(a) requires, shall be conducted in English until a notice is published under subsection (1)(b) for those courts and that tribunal. (3) A magistrate, other judicial officer or legal representative may use either or both of the official languages in proceedings in- (a) a magistrate's court; (b) an inquest before a coroner; (Amended 27 of 1997 s. 61) (c) a juvenile court; (d) an Obscene Articles Tribunal; (e) the Labour Tribunal; and (f) the Small Claims Tribunal. (Replaced 51 of 1995 s. 3) OFFICIAL LANGUAGES ORDINANCE - SECT 6 Transitional arrangements VerDate:30/06/1997 (1) The Chief Justice may by notice published in the Gazette specify- (a) the period during which, and the conditions under which, a court and legal representatives may use either or both of the official languages in specified proceedings in a specified court on a trial basis; and (b) the date from which a court and legal representatives may use either or both of the official languages in specified proceedings in a specified court. (2) Proceedings in the Court of Appeal, the High Court, the District Court and the Lands Tribunal, except to the extent that the rules applicable permit or a notice under subsection (1)(a) requires, shall be conducted in English until a notice is published under subsection (1)(b) for those courts and that tribunal. (3) A magistrate, other judicial officer or legal representative may use either or both of the official languages in proceedings in- (a) a magistrate's court; (b) an inquiry before a coroner; (c) a juvenile court; (d) an Obscene Articles Tribunal; (e) the Labour Tribunal; and (f) the Small Claims Tribunal. (Replaced 51 of 1995 s. 3) OFFICIAL LANGUAGES ORDINANCE - SCHEDULE SCHEDULE (Repealed 51 of 1995 s. 4) VerDate:30/06/1997