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PUBLIC POLICY RESEARCH FUNDING SCHEME 公共政策研究資助計劃 Project Number : 項目編號: 2014.A1.004.14D Project Title : 項目名稱: The Drafting Policy for Hong Kong's Bilingual Legislation: A Communicative Approach 從傳意角度探究香港雙語法例草擬政策 Principal Investigator : 首席研究員: Dr CHAN Ho Yan Clara 陳可欣博士 Institution/Think Tank : 院校 /智庫: City University of Hong Kong 香港城市大學 Project Duration (Month): 推行期 () 15 Funding (HK$) : 總金額 (HK$)318,036.60 This research report is uploaded onto the Central Policy Unit’s (CPU’s) website for public reference. The views expressed in this report are those of the Research Team of this project and do not represent the views of the CPU and/or the Assessment Panel. The CPU and/or the Assessment Panel do not guarantee the accuracy of the data included in this report. Please observe the "Intellectual Property Rights & Use of Project Data” as stipulated in the Guidance Notes of the Public Policy Research Funding Scheme. A suitable acknowledgement of the funding from the CPU should be included in any publication/publicity arising from the work done on a research project funded in whole or in part by the CPU. The English version shall prevail whenever there is any discrepancy between the English and Chinese versions. 此研究報告已上載至中央政策組(中策組)網站,供公眾查閱。報告內所表達的意見純屬本 項目研究團隊的意見,並不代表中策組及/或評審委員會的意見。中策組及/或評審委員會不保 證報告所載的資料準確無誤。 請遵守公共政策研究資助計劃申請須知內關於「知識產權及項目數據的使用」的規定。 接受中策組全數或部分資助的研究項目如因研究工作須出版任何刊物/作任何宣傳,均 須在其中加入適當鳴謝,註明獲中策組資助。 中英文版本如有任何歧異,概以英文版本為準。

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PUBLIC POLICY RESEARCH FUNDING SCHEME

公共政策研究資助計劃

Project Number : 項目編號:

2014.A1.004.14D

Project Title : 項目名稱:

The Drafting Policy for Hong Kong's Bilingual Legislation: A Communicative Approach 從傳意角度探究香港雙語法例草擬政策

Principal Investigator : 首席研究員:

Dr CHAN Ho Yan Clara 陳可欣博士

Institution/Think Tank : 院校 /智庫:

City University of Hong Kong 香港城市大學

Project Duration (Month): 推行期 (月) :

15

Funding (HK$) : 總金額 (HK$):

318,036.60

This research report is uploaded onto the Central Policy Unit’s (CPU’s) website for public reference. The views expressed in this report are those of the Research Team of this project and do not represent the views of the CPU and/or the Assessment Panel. The CPU and/or the Assessment Panel do not guarantee the accuracy of the data included in this report.

Please observe the "Intellectual Property Rights & Use of Project Data” as stipulated in

the Guidance Notes of the Public Policy Research Funding Scheme. A suitable acknowledgement of the funding from the CPU should be included in any

publication/publicity arising from the work done on a research project funded in whole or in part by the CPU.

The English version shall prevail whenever there is any discrepancy between the

English and Chinese versions. 此研究報告已上載至中央政策組(中策組)網站,供公眾查閱。報告內所表達的意見純屬本

項目研究團隊的意見,並不代表中策組及/或評審委員會的意見。中策組及/或評審委員會不保

證報告所載的資料準確無誤。 請遵守公共政策研究資助計劃申請須知內關於「知識產權及項目數據的使用」的規定。 接受中策組全數或部分資助的研究項目如因研究工作須出版任何刊物/作任何宣傳,均

須在其中加入適當鳴謝,註明獲中策組資助。 中英文版本如有任何歧異,概以英文版本為準。

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Project Number: 2014.A1.004.14D 1. Title of Project 1.1 English Title

The Drafting Policy for Hong Kong’s Bilingual Legislation: A Communicative Approach

1.2 2. Abstract 2.1 English Abstract This study proposes and illustrates law drafting techniques, especially in Chinese, that aim to enhance the readability and comprehensiveness of Hong Kong bilingual legislation. The study is conducted on the basis of the plain language guide published by the Department of Justice (DOJ) in 2012, and with the aim to help the current legislation comply with the guidelines. The discussion also evaluates the plain language drafting and the overall theoretical and philosophical trend of law drafting in Hong Kong. The findings, which concern three main areas of grammatical rules, can help streamline a more effective bilingual drafting policy and to compile a detailed plain language guide for drafting Chinese legislation and training materials for law drafters.

Responding to criticism of the linguistic quality of the Chinese ordinances since the 1997 handover, the study uses data from seven recently enacted ordinances to examine, compare and suggest drafting techniques for their English and Chinese versions in accordance with the plain language guide published by the DOJ. This process will be illustrated by revising relevant Chinese sections of legislation and their corresponding English sections according to contrasting aspects of English and Chinese grammars. The suggested techniques reflect that under the current plain language drafting policy, the existing legislation still tends to repeat details and make long and complicated sentences. The ‘Seven Standards of Textuality’ proposed by de Beaugrande and Dressler are adopted to consolidate these techniques and analyse the plain language drafting style at the theoretical level.

2.2

2012

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de Beaugrande Dressler

3. Aims and Objectives (i) To enhance the drafting policy for bilingual legislation, especially the readability and intelligibility of the Chinese version, through an examination of the new bilingual laws using a theoretical framework of language communication; (ii) To recommend sound Chinese drafting techniques in line with the new plain language drafting guide, that will be able to effectively communicate laws while maintaining their legal meaning and legal effects; (iii) To provide examples of revised and polished Chinese sections of ordinances, with suggestions for English drafting, for demonstrative, referential and training purposes; (iv) To formulate overall communicative strategies based on the “Seven Standards of Textuality” for law drafters to use in producing accurate and fluent bilingual laws, while fostering a more mature Chinese legal language for Hong Kong; (v) To help the public read and understand legislation to facilitate effective implementation of all public policies in Hong Kong, a predominantly Chinese-speaking community; (vi) To enable the successful implementation of bilingualism at both the legislative and judicial levels, and reinforce legal transparency, the rule of law and the general bilingual policy of Hong Kong. 4. Research Methodology and Design A total of seven ordinances gazetted in the recent four years are selected for study of the new drafting styles in both the English and the Chinese versions. Listed below, these bilingual ordinances are all obtained from the open-access Bilingual Legislation Information System (BLIS) administered by the DOJ (http://www.legislation.gov.hk): i. Trade Descriptions Ordinance (Cap. 362) ( 362 ) ii. Minimum Wage Ordinance (Cap. 608)

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( 608 ) iii. Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611)

( ) ( 611 ) iv. Competition Ordinance (Cap. 619) ( 619 ) v. Mediation Ordinance (Cap. 620) 620 vi. Residential Properties (First-hand Sales) Ordinance (Cap. 621) ( 621 ) vii. Companies Ordinance (Cap. 622) ( 622 ) Some of them will be cited in the illustrations in this Final Report. Besides, the study discusses the plain language drafting techniques cited from “Drafting Legislation in Hong Kong: A Guide to Styles and Practices” (“Guide”, Chinese version: ), published by the LDD of the DOJ in February 2012. (http://www.legislation.gov.hk/blis/eng/drafting1.html). It outlines some guidelines for writing ‘understandable’ texts’ (Guide, 2012:88--89): i. Organize legislative propositions simply and logically. ii. Present one topic per clause, one idea per subclause. (This applies to paragraphs and subparagraphs also.) iii. Generally, keep a clause to a maximum of 6 subclauses. iv. Use short sentences with a simple structure. (A division below paragraphs will make the structure complicated; a division below subparagraphs should not be used unless there is no possible alternative.) v. Use well-constructed sentences, keeping related words as close together as possible. vi. Avoid double or triple negatives. vii. Avoid jargon and unfamiliar words. viii. Use short words. ix. Use the active voice instead of the passive voice. x. Use the positive rather than the negative. xi. Avoid nominalization by using a base verb to show the action. To facilitate plain language drafting, the use of shall is discontinued (Guide, 2012:90--99), and gender-neutral drafting is promoted (Guide, 2012:100--105). The gender neutral language aims to enhance intelligibility because using the masculine gender only can misguide anyone unfamiliar with the concept that “he” in legislation is intended to function as a generic pronoun to include “she” and “it”’ (Guide, 2012:100).

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5. Results The study proposes new techniques to draft bilingual legislation, in particular the Chinese legislation, by providing more concrete methods to achieve the plain language drafting guidelines. Law drafting techniques for bilingual laws, including making short and coherent definitions, making references by zero-anaphora and classical pronouns, and converting the noun form of legal terms into the verb form, aim to produce a Chinese version of law that is more readable and communicative to Hong Kong readers. 5.1 Making short and coherent definitions It is of paramount importance to make a clear and distinct definition in legislation. Concerning the guidelines “use short sentences with a simple structure” (Guide, 2012:88), this technique using a short definition involves replacing a long modifier with a subject-predicate sentence with split short clauses. The example below from the Mediation Ordinance (Cap.620) provides illustration of the above techniques. Consider the following:

Example 1

Meaning of mediation (1) For the purposes of this Ordinance, mediation is a structured process comprising one

or more sessions in which one or more impartial individuals, without adjudicating a dispute or any aspect of it, assist the parties to the dispute to do any or all of the following — (Section 4(1), Mediation Ordinance, Cap. 620)

(1)

— ( 620 4(1))

The highlighted clause, as part of a long definition for ‘mediation’ ( ), is an endocentric structure comprised of a long modifier and a subordinating particle you yige huo duoyu yige fenjie goucheng de ( ) before the head word you zuzhi chengxu ( ). This endocentric clause can be revised with a short definition, that is, a short declaration structure with splitted predicates. The use of the classical copular verb nai ( ) can lend an air of elegance.

Example 1 -- Suggested Chinese version in accordance with Guidelines (i) Organize legislative propositions simply and logically, and (iv) Use short sentences with a simple structure

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(1)

5.2 Making references by zero-anaphora and classical pronouns While it is acceptable to repeat the noun in the English version, this is best handled in the Chinese version by omitting the noun phrase as a zero-pronoun, or zero anaphora, considered by linguists to be the anaphoric norm in Chinese (Li and Thompson 1979, 312–322; Xu 2003, 108). This technique is illustrated by the following Example:

Example 2

the exploitation by the trader of any specific misfortune or circumstance, of which the trader is aware and which is of such gravity as to impair the consumer’s judgement [sic], to influence the consumer’s decision with regard to the product; (Section 13F(3)(c), Trade Descriptions Ordinance, Cap. 362)

; ( 362 13F(3)(c) ) The repetition of gai shanghu ( ) can be omitted in the Chinese version of Section 13F(3)(c) to produce a sentence with a simpler structure without ambiguous references. In fact, the inclusion of the classical function word suo ( ) already helps to link the reference to the preceding noun phrase. The following is a revision of this section:

Example 2 – revised Chinese version in accordance with Guidelines (iv) Use short sentences with a simple structure; (v) Use well-constructed sentences, keeping related words as close together as possible;

; ( 362 13F(3)(c) ) Besides omission accompanied by the classical function word suo ( ), the use of classical pronoun qi ( ) is also a useful referential device to refer to the antecedent and can also replace

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the neuter ta ( ), which is known to be a Europeanised feature of Modern Chinese imported around the May Fourth Movement in 1919 (Chan, 2011:34-35). Consider this example: Example 3 A person is to be regarded as applying a trade description to a service if the person gives (by

whatever means and whether direct or indirect) an indication of any kind with respect to the service or any part of the service including — … (Section 6A(1), Trade Descriptions Ordinance, Cap. 362)

…… ( 3626A(1) )

Example 3 – revised Chinese version

in accordance with Guidelines (iv) Use short sentences with a simple structure; (v) Use well-constructed sentences, keeping related words as close together as possible;

…… ( 362 6A(1))

5.3 Converting the noun form of legal terms into the verb form Section 9.1.3 of the Guide suggests to “Avoid nominalization by using a base verb to show the action”. Many legal terms appear natural in the English text of law, but when co-drafting the parallel Chinese text, such terms are rendered in a clumsy manner. It is therefore proposed that some legal terms that usually appear as nouns be converted to verbs to simplify the sentence structure. Consider the following two examples:

Example 4

(2) A notice under subsection (1) must specify the period within which representations may be made to the Commission about the proposed block exemption order. (Section 16(2), Competition Ordinance, Cap. 619)

(1)

( 619 16(2) ) Example 4 – revised Chinese version

in accordance with Guidelines

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(iv) Use short sentences with a simple structure; (v Use well-constructed sentences, keeping related words as close together as possible; (xi)Avoid nominalization by using a base verb to show the action.

(1) ( 61916(2) )

Example 5 the owner does not have any further claim against the person for the failure. (Section

53(3)(c) , Residential Properties (First-hand Sales) Ordinance, Cap. 621) ( 621

53(3)(c) )

Example 5 – revised Chinese version in accordance with Guidelines (iv) Use short sentences with a simple structure; (v)Use well-constructed sentences, keeping related words as close together as possible; (xi) Avoid nominalization by using a base verb to show the action.

5.4 Other Techniques

There are also traces of word repetition and overuse of some sentence patterns in the Chinese ordinance that can heavily hinder readers’ comprehension. These include overuse of renhe ( ) (any) even when there is no occurrence of ‘any’ in the English ordinance (e.g. s.5(1), Motor Vehicle Idling (Fixed Penalty) Ordinance, Cap. 611) and the jiang ( ) construction, that places the object before the verb. (e.g. s.7(1)(i), Trade Description Ordinance, Cap. 362). The solutions include a simple deletion of renhe ( ) (any) before nouns and replacement of the jiang ( ) construction by the verb-object construction. In light of the ‘Seven Standards of Textuality’ proposed by de Beaugrande and Dressler, the current guidelines on plain language drafting endeavor to meet the standards of ‘cohesion’ and ‘coherence’ by making the parallel texts of law short and clear, with simple structure and lexicon. However, although the plain drafting and gender-neutral guidelines have the good ‘intention’ of redressing the complexity of the traditional drafting style and addressing the issue of ‘informativity’, they do not give sufficient consideration to the actual ‘acceptability’ and ‘situationality’, which govern how readers perceive and receive the texts of law. The crux of the problem lies in the failure to provide law drafters with sufficient detail as to how to actually

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improve the textual ‘cohesion’ and ‘coherence’, especially with regard to the Chinese text of law. Ten years ago, the understanding of plain language in Hong Kong was basically confined to the production of legal texts with simple structures. Ten years on, with this project in place, two breakthroughs have been achieved. First, more concrete methods of plain language drafting are advocated, especially for the Chinese ordinances. Second, the goals of plain language drafting are considered to be multiple rather than singular, that is, besides simple sentence structures, emphasis should also be placed on the promotion of a writing style that can make the text more ‘acceptable’ to the readers. 6. Policy Implications and Recommendations 6.1 Bilingualism in the legislative system The official plain language drafting guide lays a good foundation for law drafters to implement the bilingual law drafting policy, and also serves as a starting point to further such efforts. The three proposed areas of drafting techniques are expected to provide bilingual law drafters with basic and effective strategies for engineering fluent, accurate and user-friendly Chinese legislation, corresponding to their continuing endeavours to draft English laws in plain language. The theoretical discussion of plain language drafting has also revealed the main limitation of the current drafting policy, that is, the lack of instructions to enhance the ‘cohesion’ and ‘coherence’ of the bilingual texts, especially with the Chinese text. As English and Chinese have different grammatical systems, it is strongly advised that the Chinese drafting be integrated with the English drafting in the early stages, so as to implement a real ‘bilingual legislation drafting policy’ that adopts the proposed Chinese/bilingual drafting techniques. This work procedure can enable law drafters to think, write and revise in both languages and avoid the Westernised features prevalent in the current Chinese legislation, most of which contradict the simplicity and brevity of the Chinese language. It is anticipated that this process will take long years, in which knowledge of the contrasting English and Chinese grammars is necessary to achieve a good balance between law and communication. In the long run, plain legal Chinese ought to be given a newer and detailed definition, in relation to naturalness and idiomaticity so as to avoid the ‘translationese’ style. This is also suggested by Bendegard (2012) in her study on the plain language in Swedish translations of EU legal texts, who remarks that the survey participants stressed that the texts should be ‘idiomatic’, or to be exact, ‘written in ‘good Swedish’, that it should ‘not look translated et cetera’. When Hong Kong’s legal system is equipped with readable bilingual ordinances, both legal transparency and the rule of law will be enhanced. The process will begin by enabling legislators to understand and discuss laws, and solicitors to explain laws to clients and draft legal documents in Chinese, non-governmental organisations can also apply these methodologies to produce communicative rules and regulations.

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6.2 Bilingualism in the judicial system In the medium and long term, some methodologies for drafting Chinese laws can be applied to the translation of English case judgments into Chinese, which is an important ongoing task in judicial bilingualism. This will enable judges, counsels and all involved parties to adopt Chinese in court proceedings. The bilingual laws and the legal system will be able to make manifest the Hong Kong Government’s determination to implement a bilingual policy at all levels. The improved Chinese version of ordinances can also promote Hong Kong’s legal, economic and trade exchanges with Mainland China and Taiwan. 6.3 Bilingualism for implementation of all Hong Kong policies The findings can lay a foundation for the implementation of all Hong Kong policies, which are supported by the legal instruments of ordinances, rules and regulations. As the majority of the Hong Kong population is Chinese, it is strongly believed that clear Chinese ordinances can help policy-makers to explain policies and increase public understanding, and on this basis people can provide more precise and constructive suggestions. This will gradually enhance the Government’s administrative efficiency, particularly its cost-effectiveness, and foster public confidence in its governance. Well-written Chinese ordinances will greatly help with the public discussion of all of these. 7. Public Dissemination A paper on “Drafting Bilingual Legislation of Hong Kong: A Communicative Approach” was presented at the 5th International Conference on Law, Language and Discourse, at Örebro University in Sweden (27 September–1 October 2015). Most participants in my presentation were academics and students from various universities in the Mainland China. They generally agreed with my proposed techniques for Chinese/bilingual drafting and one scholar suggested setting up a research centre on the study of bilingual Hong Kong laws. Given that the Hong Kong bilingual legislation drafting policy has been in place for two decades, some collective work on its review is deemed necessary. Another paper on “Plain Language Drafting in Hong Kong Bilingual Legislation: Its Application and Limitations” was presented at the 4th International Conference on Negotiating Cultural, Jurisdictional and Disciplinary Boundaries, University of Naples 2 in Italy (26–28 May 2016). The presentation focuses on the gender neutral drafting techniques and goals of plain language drafting in Hong Kong. A European translation scholar expressed that repeating nouns as a gender neutral drafting technique does not produce plain language, and a professor who specialises in legal English in Hong Kong raised questions related to the general problems of terminology incongruence in Hong Kong bilingual ordinances. An academic paper is under preparation to be published in an academic journal.

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References

Beaugrande R. D. and Dressler W. U. (1981). Introduction to Text Linguistics. London: Longman.

Bendegard, S. (2012). Plain language in Swedish translations of EU Legal Texts, Tijdschrift voor Skandinavistiek, 33, 41--55.

Chan, C. H. Y. (2011). The Europeanization of Modern Written Chinese: The Case Study of the Changing Third Person Pronouns in the Twentieth Century and Beyond. Bern: Peter Lang.

Law Drafting Division, Department of Justice (2002). Drafting legislation in Hong Kong: a guide to styles and practices. Hong Kong: Department of Justice. Retrieved from http://www.legislation.gov.hk/eng/drafting.htm (Date: 1 February 2016)

Li, C. N. and Thompson, S. A. (1979). Third-person Pronouns and Zero-anaphora in Chinese discourse. In Talmy Givon (Ed.), Syntax and Semantics: Discourse and Syntax, 12, 311--335. New York: Academic Press.

Xu, J. J. (2003). Xiandai Hanyu Pianzhang Huizhi Yanjiu (Anaphora in Chinese texts). Beijing: Zhongguo Shehui Kexue Chubanshe.

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Appendix I: List of Use of Zero Anaphora and Classical Pronoun Qi ( )

in accordance with Guidelines (iv) Use short sentences with a simple structure; (v) Use well-constructed sentences, keeping related words as close together as possible;

Example 1 27. Maintenance of slopes …… (2) If the owner has undertaken to maintain any slope in relation to the development at that owner’s own

cost, the sales brochure — (a) must state the terms of the undertaking; and (b) must set out a plan showing —

(i) the slope; and (ii) any retaining wall or related structures constructed, or to be constructed, within or outside the

land on which the development is situated. (S.27(2), Schedule 1, Residential Properties (First-hand Sales) Ordinance, Cap 621)

27. …… (2) (Repetition)

(a) (b)

(i) (ii)

621 1 27(2) Suggested Revision: 27. …… (2) (Zero Anaphora)

(a) (b)

(i) (ii)

621 1 27(2)

Example 2 39 Requirements for unmodified and modified show flats …… (3) The vendor must display in the show flat in accordance with subsection (6) a plan of the show flat

that shows the dimensions of - (Section 39(3), Residential Properties (First-hand Sales) Ordinance, Cap.621)

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39. …… (3) (6) (Repetition)

(a) (b)

( 621 39(3) ) Suggested Revision: 39. …… (3) (6) (Zero Anaphora) (a) (b)

( 621 39(3) )

Example 3

39 Requirements for unmodified and modified show flats …… (4) If a passageway or door is provided through an enclosing or boundary wall of the show flat as a

means of escape for the purposes of regulation 41(1) of the Building (Planning) Regulations (Cap 123 sub. leg. F), the vendor

(a) must display in the show flat in a accordance with subsection (6) a notice stating that there is no such passageway or door in the residential property; and

(Section 39(4)(a), Residential Properties (First-hand Sales) Ordinance, Cap. 621)

39. ……

(4) ( ) ( 123F) 41(1)

(a) (6) (Repetition) ;

( 621 39(4)(a) )

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Suggested Revision:

39. ……

(4) ( ) ( 123F) 41(1)

(a) (6) (Zero Anaphora) ;

( 621 39(4)(a) )

Example 4 39. Registrar may require company to resolve inconsistency with Companies Register

(1) If it appears to the Registrar that the information contained in a document registered by the Registrar in respect of a company is inconsistent with other information relating to the company on the Companies Register, the Registrar may give notice to the company

(a) stating in what respect the information contained in the document appears to be inconsistent with other information on the Companies Register; and

(b) requiring the company to take steps to resolve the inconsistency.

(Section 39(1), Companies Ordinance, Cap. 622) 39. (1) (Repetition)

(Repetition) (a)

(b) ( 622 39(1) )

Suggested Revision: 39. (1) (Classical Pronoun Qi)

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(Zero Anaphora)

(a) (b)

( 622 39(1) )

Example 5

77. Form of articles

A Company’s articles must be divided in paragraphs and the paragraphs must be numbered consecutively.

(Section 77, Companies Ordinance, Cap. 622)

77.

(Repetition)

( 622 77 )

Suggested Revision:

77.

(Zero Anaphora)

( 622 77 )

Example 6 145. Hearing and determination of applications (1) An application to the Tribunal may be heard and determined by a Tribunal constituted by any of the

following — (a) the President; (b) the President and one or more other members appointed by the President; or (c) one or more other members appointed by the President.

(S.145(1), Competition Ordinance, Cap 619)

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145. (1)

(a) (b) (Repetition) (c)

( 619 145(1) ) Suggested Revision: 145. (1)

(a) (b) (Classical Pronoun Qi) (c)

( 619 145(1) )

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Appendix II: List of Words/Terms that are Convertible from Nouns to Verbs

in accordance with Guidelines (iv) Use short sentences with a simple structure; (v)Use well-constructed sentences, keeping related words as close together as possible; (xi) Avoid nominalization by using a base verb to show the action.

Example 1

11. Decision by Commission

(1) After considering the representations, if any, made within the period referred to in section 10, the Commission may make a decision as to whether or not the agreement in question is excluded or exempt from the application of the first conduct rule or this Part.

(Section 11(1), Competition Ordinance, Cap. 619)

11.

(1) 10 ( )

(Noun)

( 619 11(1) )

Suggested Revision:

11.

(1) 10 ( ) (Verb)

( 619 11(1) )

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Example 2

37. Complaints

(1) Any person may, in accordance with guidelines issued under section 38, lodge a compliant with the Commission alleging that an undertaking has contravened, is contravening or is about to contravene a competition rule.

(S.37(1), Competition Ordinance, Cap. 619)

37.

(1) 38 (Noun)

( 619 37(1) )

Suggested Revision:

37.

(1) 38 (Verb)

( 619 37(1) )

Example 3

35. Specified residential property to be sold or offered at price in price list

……

(2) After the owner has sold the residential property to another person at the price mentioned in subsection (1)(a) or (b), that price may only be revised by virtue of any or all of the following

(a) clause 23 of Schedule 5, as contained in the agreement for sale and purchase under section 55;

(b) a change in the terms of payment as set out in the price list for the development under section 31(5)(a);

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(c) the availability of any gift, or any financial advantage or benefit, as set out in the price list for the development under section 31(5)(c), in connection with the purchase of the residential property.

(Section 35(2), Residential Properties (First-hand Sales) Ordinance, Cap. 621)

35.

……

(2) (1)(a) (b) (Noun)

(a) 55 5 23

(b) 31(5)(a)

(c) 31(5)(c)

( 621 35(2) )

Suggested Revision:

35. …… (2) (1)(a) (b)

(Verb)

(a) 55 5 23 (b) 31(5)(a) (c) 31(5)(c)

( 621 35(2) )

Example 4

57. Offences relating to sections 54 and 55

(2) Section 54 or 55(2) is not to be regarded as having been contravened only because —

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……

(b) a cross reference to that provision in another provision in that preliminary agreement or that agreement has been revised accordingly.

(Section 57(2)(b), Residential Properties (First-hand Sales) Ordinance, Cap. 621)

57. 54 55 (2) 54 55(2) ……

(b) (Noun) (Noun)

( 621 57(2)(b) )

Suggested Revision:

57. 54 55 (2) 54 55(2) ……

(b) (Verb) (Verb)

( 621 57(2)(b) )

Example 5

39. Registrar may require company to resolve inconsistency with Companies Register

(1) If it appears to the Registrar that the information contained in a document registered by the Registrar in respect of a company is inconsistent with other information relating to the company on the Companies Register, the Registrar may give notice to the company

(a) stating in what respect the information contained in the document appears to be inconsistent with other information on the Companies Register; and

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(b) requiring the company to take steps to resolve the inconsistency.

(Section 39(1), Companies Ordinance, Cap. 622)

39.

(1) (Noun)

(a) (b)

( 622 39(1) )

Suggested Revision:

39. (1)

(Verb)

(a) (b)

( 622 39(1) )

Example 6

42. Registrar must rectify information on Companies Register on order of Court

(5) If the Court makes an order for the rectification of any information on or the removal of any information from the Companies Register under subsection (1), the Court may make any consequential order that appears to it to be just with respect to the legal effect (if any) to be accorded to the information by virtue of its having appeared on the Companies Register.

(S.42(5), Companies Ordinance, Cap. 622)

42.

……

(5) (1) (Noun)

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( )

( 622 42(5) )

Suggested Revision:

42. …… (5) (1) (Verb)

( )

( 622 42(5) )

Example 7

44. Registrar may annotate Companies Register

(1) The Registrar may make a note in the Companies Register for the purpose of providing information in relation to

(a) a rectification of an error contained in any information on the Companies Register under section 41;

(b) a rectification of any information on the Companies Register under section 42;

(c) a removal of any information from the Companies Register under section 42; or

(d) any other information on the Companies Register.

(S.44(1), Companies Ordinance, Cap. 622)

44. (1) (Noun)

(a) 41 ;

(b) 42

(c) 42

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(d)

( 622 44(1) )

Suggested Revision:

44. (1) (Verb)

(a) 41

(b) 42

(c) 42

(d)

( 622 44(1) )