Hong Kong Regulations

EMPLOYEES' COMPENSATION (RULES OF COURT) RULES - RULE 16A

Use of language in applications and in Court

(1) A judge may use either or both of the official languages in hearing an
application or any other proceedings or a part of any proceedings before him
as he considers appropriate for the just and expeditious disposal of the
proceedings before him.

(2) The decision of the judge under paragraph (1) is final.

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

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

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

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

(5) Documents prepared for use by the Court in any application 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 Court for an order that
the party serving the document shall provide the other party with a
translation of it. The Court may order the party serving the document to
provide a translation of it if the Court is satisfied that the request is
reasonable. The Court 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 paragraph (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 Court under paragraph (9).

(11) The costs of and incidental to providing a translation under this rule
are costs in the cause of the proceedings unless the Court otherwise directs.
(L.N. 591 of 1995)