Hong Kong Regulations

HIGH COURT CIVIL PROCEDURE (USE OF LANGUAGE) RULES - SECT 5

Translation of documents in one official language

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) A party to any proceedings who-

   (a)  is served with a document in an official language with which he is not
        familiar; and

   (b)  is familiar with the other official language, may request the party to
        the proceedings serving the document to provide him a translation of
        the document in the other official language.

(2) A request under subrule (1) shall be made-

   (a)  in writing; and

   (b)  within 3 days after the service of the relevant document.

(3) A requested party shall-

   (a)  notify in writing the requesting party within 3 days after receiving
        the request that-

        (i)    he will provide the translation as requested; or

        (ii)   he will not provide the translation;

   (b)  where he notifies the requesting party that he will provide the
        translation, provide the translation to the requesting party within a
        reasonable period of time.

(4) Where a requesting party-

   (a)  is not notified under subrule (3)(a);

   (b)  is notified under subrule (3)(a)(ii) that the requested party will not
        provide the translation; or

   (c)  is notified under subrule (3)(a)(i) that the requested party will
        provide the translation, but does not receive the translation within a
        reasonable period of time, he may apply to the Court for an order that
        the requested party shall provide the relevant translation to him.

(5) Upon an application under subrule (4), the Court may-

   (a)  order the requested party to provide the relevant translation to the
        requesting party within such period of time as the Court thinks fit if
        it is satisfied that the relevant request is reasonable;

   (b)  order that every document to be served by the requested party to the
        requesting party for the purposes of the relevant proceedings after
        the date of the order shall either-

        (i)    be in the official language with which the requesting party is
               familiar; or

        (ii)   be in the official language with which the requesting party is
               not familiar and accompanied by a translation of the document
               in the other official language; and

   (c)  make such order as to the costs of and incidental to the application
        as it thinks just.

(6) The costs of and incidental to providing a translation pursuant to-

   (a)  a request under subrule (1); or

   (b)  an order under subrule (5)(a) or (b), shall be costs in the cause of
        the proceedings unless the Court otherwise directs.

(7) In this rule-

"requested party" (被要求的一方) means a party to whom a request under
subrule

(1) is made;

"requesting party" (作出要求的一方) means a party who makes a request
under subrule (1).

"requested party" (被要求的一方)

"requesting party" (作出要求的一方)