OFFICIAL LANGUAGES ORDINANCE

OFFICIAL LANGUAGES ORDINANCE

CHAPTER 5

OFFICIAL LANGUAGES

To provide for the official languages of Hong Kong, and for their status and

use.

[15 February 19741

Originally 10 of 1974 79 of 1975, L.N. 306 of 1980,17 of 1987, R. Ed. 1988, L.N. 307 of
1989

1. Short title

This Ordinance may be cited as the Official Languages Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Bilingual Laws Advisory Committee' means the Committee established under

section 4C; (Added 17 of 1987 s. 2)

'court' means any court, and also means any board, tribunal or person having

by law the power to hear, receive and examine evidence on oath.

3. Official languages and their status and use

(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.

(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).

4. Enactment of Ordinances in both official languages

(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 other 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)

4A. Making of bilingual subsidiary legislation

in both official languages

(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)

4B. Publication in an official language of the text

of an existing law enacted in the other

(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) No order shall be made under this section unless a draft of it has been laid
before and approved by resolution of the Legislative Council, and section 34 of the
Interpretation and General Clauses Ordinance (Cap. 1) shall not apply in relation to
any such order.

(Added 17 of 1987 s. 3)

4C. Bilingual Laws Advisory Committee

(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 Committees 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

(e)may consult with such other persons as the Committee may deem fit.

(Added 17 of 1987 s. 3)

5. Judicial proceedings

(1) The proceedings in any court specified in the Schedule may be conducted in
either of the official languages as the court thinks fit. (Amended 17 of 1987 s. 4)

(2) Proceedings in

(a) the Court of Appeal;

(b) the High Court;

(e) the District Court; and

(d) any other court not specified in the Schedule,
shall be conducted in the English language.

(3) Notwithstanding subsections (1) and (2), any party to or witness in
proceedings in any court may use either of the official languages, or such other
language as the court may permit.

(Amended 17 of 1987 s. 4)

6. Amendment of Schedule

The Governor in Council may, by order published in the Gazette, amend the
Schedule.

SCHEDULE [S-50)]

COURTS IN which PROCEEDINGS MAY BE
CONDUCTED
IN EITHER OF THE OFFICIAL LANGUAGES

(Amended 17 of 1987 s.
5) 1 Magistrates' Courts. 2. Any inquiry by a coroner.

3. Any Juvenile Court.
4. Any Labour Tribunal.
5. (Repealed L.N. 307 of 1989).
6. Any Small Claims Tribunal.(Added 79 of 1975 s. 40)

7. Any Immigration Tribunal.(Added L.N. 306 of 1980)

https://oelawhk.lib.hku.hk/items/show/2203

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