Hong Kong Regulations

LANDS TRIBUNAL RULES - RULE 3A

Use of language in Tribunal

(1) The Tribunal may use either or both of the official languages in any
proceedings or a part of any proceedings before it as it considers appropriate
for the just and expeditious disposal of the proceedings before it.

(2) The decision of the Tribunal under subrule (1) is final.

(3) A party to or a witness in any proceedings or a part of any proceedings
before the Tribunal may-

   (a)  use either or both of the official languages; and

   (b)  address the Tribunal or testify in any language.

(4) A legal representative in any proceedings or a part of any proceedings
before the Tribunal may use either or both of the official languages.

(5) Documents prepared for use by the Tribunal in any proceedings may be in
either official language.

(6) A party may file any document to be served on another party or person in
either official language.

(7) A party served with a document in an official language with which he is
not familiar may within 3 days of being served request in writing the party
serving the document to provide a translation of the document into the other
official language. The party receiving the request shall indicate in writing
within 3 days of receiving the request whether he will provide the translation
or not.

(8) A party who agrees to provide a translation shall do so as soon as
practicable.

(9) A party whose request is refused may apply to the Tribunal for an order
that the party serving the document shall provide the other party with a
translation of it. The Tribunal may order the party serving the document to
provide a translation of it if the Tribunal is satisfied that the request is
reasonable. The Tribunal may further order that the time for compliance with
any rule or order requiring the taking of any step in proceedings within a
particular period will not start to run until the translation is received by
the applicant.

(10) The time for compliance with any rule or order requiring the taking of
any step in proceedings within a particular period shall start to run if a
request in writing is served under subrule (7)-

   (a)  only after the receipt of the refusal to give a translation;

   (b)  only after the receipt of the translation; or

   (c)  as may be ordered by the Tribunal under subrule (9).

(11) A party applying for an order from the Tribunal shall supply the minute
for the order in the language in which the order is to be made and shall
produce a certified translation of the order in the other official language if
the Tribunal directs that the other version is necessary or appropriate.

(12) The costs of and incidental to providing a translation under this rule
are costs in the cause of the proceedings if the Tribunal so directs.

(13) The official record of proceedings shall be kept in the official language
or official languages as the President, or presiding officer, hearing the
proceedings may direct.

(14) The transcript of proceedings for appeal purposes shall be prepared in
the official language that the appeal court directs. (L.N. 592 of 1995)