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Hong Kong language rightsfair trialjudicial review

Re Cheng Kai Nam, Gary

Re Cheng Kai Nam, Gary [2002] 2 HKLRD 39 (HCAL 3568/2001, Court of First Instance, Hartmann J, 3 December 2001)
JurisdictionHong Kong
CourtHong Kong Court of First Instance
Year2002
StatusPersuasive authority

Key Principle

The right under Article 9 of the Basic Law to use Chinese (Cantonese) in Hong Kong courts does not extend to a constitutional right to be tried by a bilingual judge who understands the litigant directly without interpretation; assignment of a monolingual judge with competent interpretation does not infringe that right (the existing 'right to legal representation under HKBOR Art 11' description is incorrect: this case concerns language rights under Basic Law Art 9, and it is a CFI not Court of Appeal decision).

Area of Law

criminal

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