Chapter 7. Chinese witnesses testifying in English
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Eva N.S. Ng
Abstract
The previous chapter illustrated how judges’ intervention in witness examinations can be a cause of omissions in court interpreting. It demonstrated how the participation status of non-English-speaking (NES) linguistic majority in the court proceedings in the Hong Kong courtroom could be compromised because of the judge’s intervention. This was a result of a shift in the mode of interpreting from the consecutive to the more restrictive chuchotage mode or, worse still, of an entire omission of interpretation as the judge changed from an auditor role to a speaker role in witness examination. This chapter examines how non-native English-speaking (NNES) witnesses, by waiving their right to an interpreter, can be disadvantaged due to their linguistic incompetence. It explores how NNES witnesses are further disadvantaged in the antagonistic process of cross-examination, as counsel frequently flout the maxims of the Cooperative Principle (Grice 1975), by asking, for example, ambiguously worded and/or syntactically complex questions (non-observance of the maxim of manner). It also discusses how this might compromise the participation status of other NNES court participants including the jury in the judicial process, and potentially impact the delivery of justice.
Abstract
The previous chapter illustrated how judges’ intervention in witness examinations can be a cause of omissions in court interpreting. It demonstrated how the participation status of non-English-speaking (NES) linguistic majority in the court proceedings in the Hong Kong courtroom could be compromised because of the judge’s intervention. This was a result of a shift in the mode of interpreting from the consecutive to the more restrictive chuchotage mode or, worse still, of an entire omission of interpretation as the judge changed from an auditor role to a speaker role in witness examination. This chapter examines how non-native English-speaking (NNES) witnesses, by waiving their right to an interpreter, can be disadvantaged due to their linguistic incompetence. It explores how NNES witnesses are further disadvantaged in the antagonistic process of cross-examination, as counsel frequently flout the maxims of the Cooperative Principle (Grice 1975), by asking, for example, ambiguously worded and/or syntactically complex questions (non-observance of the maxim of manner). It also discusses how this might compromise the participation status of other NNES court participants including the jury in the judicial process, and potentially impact the delivery of justice.
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
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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
