Bulletin Number Five 1984

27th Congregation direction of the Judiciary. Apart from the principle stated above, there are two other considerations. First, in terms of finance, human resources and commercial facilities, and in terms of our flexibility in currency dealings, etc., the present social system in Hong Kong affords a certain degree of benefit to China's long-term policy of four modernizations. Furthermore, over a long period of time, Hong Kong has built up its own unique tradition which contributes towards our prosperity and stability. It is a tradition which no one wishes to lightly demolish, nor is it appropriate to do so. It seems that with these two factors side by side, we may have a high degree of confidence in preserving the law and judicial system with which we are familiar. As our legal system makes a decisive contribu­ tion to the present stability and prosperity of Hong Kong, we may, given the long period in which our present legal system will be preserved after 1997, adopted a positive attitude towards Hong Kong's future stability and prosperity, particularly the development of commerce and industry. 1. The Language o f the Law The sources of Hong Kong law come mainly from the statutes and Common Law. The statutes are to be found in twenty-six large volumes. The Common Law is to be seen among the decisions of English and Hong Kong courts going back to the mid-19th century, and these comprised a few hundred volumes all written in the English language, and the volumes are still growing. Owing to all sorts of limitations, it is difficult to translate the Common Law into Chinese. It is not impossible to translate the statutes into Chinese but the human and financial resources required will be enormous. It is a difficult task which requires the long-term cooperation between the people in Hong Kong and China. Even if the translation is completed, not all the problems have been solved. The biggest problem relates to the status of the Chinese and English versions. If both the English and Chinese versions are to enjoy equal status in law then if there are conflicts between the two versions, difficulties will immediately arise as to which version is the authoritative. I f only the Chinese version is to be recognized as being authoritative then difficulties w ill arise when statute law couched in the Chinese language is used together with the Common Law couched in English. The most practical solution — and this is the solution both China and Great Britain have agreed on —is that in addition to Chinese, English may also be used. Thus we may continue with the present practice of using English as a language of the law and the courts. At the same time, under the Official Languages Ordinance 1974 ， the use of Chinese may be encouraged for courts below the District Court (such as the Magistrates' Courts, the Juvenile Courts, the Labour Tribunal and the Small Claims Tribunal, etc.) As to District Courts and the superior courts, there is the need for frequent references to precedents in the many cases which involve difficult legal problems. The need for the continued use of English is obvious. 2. Appointment and Dismissal o f Judges Judges of all ranks must possess the necessary qualifications to practice law in a Commonwealth country or Hong Kong, and also a certain degree of practical experience. In Hong Kong the appointment of judges is first considered by the independent Judicial Services Commission, who submits thier recommendations to the Governor. Whilst judges of the lower courts are dealt with locally, Supreme Court Judges are appointed by the Governor on the Queen's instructions given through the Secretary of State for Foreign and Commonwealth Affairs. As to the removal of a Supreme Court or a District Court Judge, the procedure is for the Governor to first appoint a tribunal of three judges to inquire into the case; i f the judges recommend that the judge's removal be considered by the Privy Council in London, then the matter is referred to the Privy Council. The Queen w ill then act in accordance with the Privy Council's advice. Many former colonies, which are now independent countries within the British Commonwealth, have their Judicial Services Commis sions. The right to appoint and remove Supreme Court Judges in those countries falls on the President of the country. As to dismissal of a Supreme Court Judge, the President w ill appoint three eminent judges from any Commonwealth countries to form a tribunal, whose recommendations will be submitted to him for decision. The appointment of judges after 1997 will follow the present practice and be dealt with here in Hong Kong by an independent body similar to the Judicial Services Commission and the chief executive of Hong Kong. As to the procedure for dismissal: a judge may only be removed for inability to discharge the functions of his office or for misbehaviour, by 10 NEWS