Michael Cheung and Anne Cheung on The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong (HKLJ)

"The Legal Fiction of Equal Authenticity: A Study of Judicial Interpretation of Bilingual Legislation in Hong Kong"
Michael MK Cheung and Anne SY Cheung
Hong Kong Law Journal, Vol. 55, Part 2 of 2025, pp.341 - 371

Abstract: The principle of equal authenticity seeks to give equal status to Chinese and English legislative texts in Hong Kong. However, challenges arise due to discrepancies between the languages, leading to criticisms of this principle as a legal fiction. Are Hong Kong judges able to maintain equal authority for both language versions of the law? A study of Hong Kong court judgments on s 10B of the Interpretation and General Clauses Ordinance since 1987 finds that while the courts were able to reconcile the two language versions in the majority of cases, the English text was often prioritized in cases of irreconcilable differences since it was enacted first in time. Notably, the Court of Final Appeal’s decision in HKSAR v Chan Chun Kit affirmed this practice, impacting equal authenticity, the rule of law and fairness. The authors propose to repeal and re-enact all authenticated Chinese provisions, or those problematic provisions denounced by the court. At the very least, the public should be alerted that they are reading subsequently authenticated translated texts. Addressing these issues is vital for maintaining the integrity and clarity of legal interpretations in bilingual jurisdictions such as Hong Kong.

The paper is also available on SSRN, please click here.