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論粵語在香港法律中的地位
The Status of Cantonese under the Hong Kong Law
並列摘要
Cantonese is the mother tongue of most of the Hong Kong ("HK") citizens, and their right to use oral Cantonese falls within their fundamental human rights. The HK law has stipulated that Chinese is an official language, but nowhere in the law expresses whether Cantonese falls within the meaning of "Chinese" in its oral aspect. Meanwhile, national laws have only given Mandarin an official status, with no mention of Cantonese and other Chinese dialects. In fact, what is the status of Cantonese under the HK law? Adopting the legal perspective, this article begins by analysing the legislative intent of and subsequent amendments to the Official Languages Ordinance (the "Ordinance"), which gives "Chinese" the status of an official language, in order to ascertain whether the implementation of the Ordinance involved the intention of giving Cantonese any legal status in HK. The analysis is followed by elaborations on the HK Court's interpretations on the Ordinance in case precedents, which are legally binding under the common law legal system as adopted in HK, to see whether the Court has ruled on the status of Cantonese in HK. Eventually, this article is concluded by discussions on whether Cantonese has been given any legal status in the legislative process or through Court cases, as well as suggestions on how HK citizens' rights to use Cantonese can be better reinforced.
參考文獻
延伸閱讀
- 李宗派（1962）。論法律之社會功能。現代學人，(4)，107-124。https://doi.org/10.7066/CTQ.196202.0107
- Wu, Y. L. (2007). 文法在語言學習中所扮演的角色. 勤益學報, (25), H-17-H-28. https://doi.org/10.6753/CYJ.200712.0014
- 林明鏘（2001）。論行政程序法中律師之功能。臺大法學論叢，30(4)，1-35。https://doi.org/10.6199/NTULJ.2001.30.04.01
- 張啟彥（2011）。A study on the variant Cantonese in Hong Kong〔碩士論文，香港大學〕。華藝線上圖書館。https://www.airitilibrary.com/Article/Detail?DocID=U0029-1812201200019822
- 張啟彥（2011）。A study on the variant Cantonese in Hong Kong〔碩士論文，香港大學〕。華藝線上圖書館。https://www.airitilibrary.com/Article/Detail?DocID=U0029-0511201300009192