PRACTICE DIRECTION 10.3
Citation of judgments written in Chinese
at hearings conducted in English
1. This Practice Direction applies to both civil and criminal proceedings at all levels of court which are conducted in English.
2. At present, some but not all judgments written in Chinese ("Chinese judgments") are translated into English by the Judiciary ("Judiciary translation").
3. If a party wishes to cite a Chinese judgment in court, where a Judiciary translation is available, such translation should be used.
4. Where a Judiciary translation is not available, that party shall, unless otherwise directed by the court, prepare an English translation of that judgment or the relevant parts thereof which are to be relied on at the hearing. The translation, together with a copy of the Chinese judgment, shall be served on all the other parties for their agreement not later than 7 clear days before the hearing. The translation need not be submitted to the court for certification.
5. If the translation submitted to the other parties is not disputed by them, this translation may be cited at the hearing.
6. If the translation submitted is disputed by any of the other parties, the party disputing the translation shall apply to the court for directions. Such application shall be made not later than 4 clear days before the hearing and shall be supported by a statement identifying the disputed parts of the translation and providing an alternative translation thereof.
7. Upon application or on its own motion, the court may
| (a) | vary the time (i) for submitting the translation to the other parties for agreement, (ii) for disputing a translation or (iii) for making an application to the court for directions; | |
| (b) | refer the agreed or disputed parts of the translation for certification, or | |
| (c) | direct that other parts of the Chinese judgment shall be referred for translation and/or certification. |
8. All translations submitted by any party to the court are submitted on the basis that the court and the Judiciary may freely use the same, with or without any amendment, for reference by the legal profession and the public in any manner as it deems appropriate.
9. In compliance with this Practice Direction, all parties shall exercise their best endeavours at all stages to avoid any unnecessary delay. In case of difficulties, an application may be made for further directions.
10. Any party may apply to the court for exemption from compliance with the requirements of this Practice Direction with supporting grounds not less than 14 days before the hearing or such shorter time as the court may permit. In considering whether to grant any exemption from compliance, the court shall, in particular, take into account whether compliance with any of the requirements is likely to prejudice the right of an accused to a fair trial in a criminal case or the discharge of the duty of defence counsel to protect their clients' rights and interests at the trial.
11. This Practice Direction supersedes PD 10.3 which was issued on 20th November 2006 and shall take effect on 1st March 2007.
Dated this 19th day of January 2007.
| (Andrew Li) Chief Justice |