Chapter 6. Judges’ intervention in witness examination
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Eva N.S. Ng
Abstract
The previous chapter illustrated how monolingual counsel and the judge lost their power and control over the evidence to the interpreter, who overstepped her role boundary by negotiating meaning with the witness. This chapter explores how counsel lose their power and control over the communicative act in court and how the accuracy of interpretation is compromised when judges change their participant role from a default auditor to a speaker in the examination of witnesses. It explores how judges’ intervention in the proceedings impacts on the mode and provision of interpretation and thus on the participation status of other court actors who do not speak the language of the court or have a native command of the language.27
Abstract
The previous chapter illustrated how monolingual counsel and the judge lost their power and control over the evidence to the interpreter, who overstepped her role boundary by negotiating meaning with the witness. This chapter explores how counsel lose their power and control over the communicative act in court and how the accuracy of interpretation is compromised when judges change their participant role from a default auditor to a speaker in the examination of witnesses. It explores how judges’ intervention in the proceedings impacts on the mode and provision of interpretation and thus on the participation status of other court actors who do not speak the language of the court or have a native command of the language.27
Chapters in this book
- Prelim pages i
- Table of contents v
- List of tables xiii
- List of figures xv
- Transcription symbols and abbreviations used in this book xvii
- Abbreviations used in the transcripts and in this book xix
- Acknowledgements xxi
- Foreword xxiii
- Chapter 1. Introduction 1
- Chapter 2. The practice of court interpreting in Hong Kong 11
- Chapter 3. Modes of interpretation and audience roles in interpreted trial discourse 39
- Chapter 4. The interpreter as one of the bilinguals in court 49
- Chapter 5. Interpreter intervention in witness examination 73
- Chapter 6. Judges’ intervention in witness examination 91
- Chapter 7. Chinese witnesses testifying in English 111
- Chapter 8. English trials heard by Chinese jurors 129
- Chapter 9. Who is speaking? 147
- Chapter 10. Conclusions 171
- References 191
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Appendices
- Appendix 1. Timeline of the use of Chinese in courts 205
- Appendix 2. Percentage of criminal cases conducted in Chinese in various courts 207
- Appendix 3. Scale points for Court Interpreter and Simultaneous Interpreter under the Master Pay Scale for Civil Servants 209
- Appendix 4. Transcript of the exchanges between the judge, the court clerk and the foreman of the jury, interspersed with remarks of the defence counsel 211
- Appendix 5. Questionnaire on The use of direct or reported speech in court interpreting 217
- Index 221
Chapters in this book
- Prelim pages i
- Table of contents v
- List of tables xiii
- List of figures xv
- Transcription symbols and abbreviations used in this book xvii
- Abbreviations used in the transcripts and in this book xix
- Acknowledgements xxi
- Foreword xxiii
- Chapter 1. Introduction 1
- Chapter 2. The practice of court interpreting in Hong Kong 11
- Chapter 3. Modes of interpretation and audience roles in interpreted trial discourse 39
- Chapter 4. The interpreter as one of the bilinguals in court 49
- Chapter 5. Interpreter intervention in witness examination 73
- Chapter 6. Judges’ intervention in witness examination 91
- Chapter 7. Chinese witnesses testifying in English 111
- Chapter 8. English trials heard by Chinese jurors 129
- Chapter 9. Who is speaking? 147
- Chapter 10. Conclusions 171
- References 191
-
Appendices
- Appendix 1. Timeline of the use of Chinese in courts 205
- Appendix 2. Percentage of criminal cases conducted in Chinese in various courts 207
- Appendix 3. Scale points for Court Interpreter and Simultaneous Interpreter under the Master Pay Scale for Civil Servants 209
- Appendix 4. Transcript of the exchanges between the judge, the court clerk and the foreman of the jury, interspersed with remarks of the defence counsel 211
- Appendix 5. Questionnaire on The use of direct or reported speech in court interpreting 217
- Index 221
