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Chapter 8. English trials heard by Chinese jurors

  • Eva N.S. Ng
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Common Law in an Uncommon Courtroom
This chapter is in the book Common Law in an Uncommon Courtroom

Abstract

The previous chapter examined the linguistic disadvantage experienced by non-native English-speaking (NNES) witnesses testifying in English in court and discussed how this might also impact on other audience members who either speak no English or do not have a native command of the English language, including in the latter case Chinese jurors. This chapter takes one step further to explore the comprehension of the NNES Chinese jurors as the “judges of facts” in the Hong Kong courtroom. Drawing on evidence from the two jury trials of my research data, the findings of a previous study, as well as one case of the Court of Appeal in Hong Kong, this chapter provides evidence about the jury comprehension problem in the High Court of Hong Kong. It also discusses how the scenarios presented in particular in Chapters 6 and 7, where juries have to rely entirely on interactions in English due to the use of the chuchotage mode of interpretation or a total absence of interpretation, might impact on the comprehension of the jury and potentially on the administration of justice.31

Abstract

The previous chapter examined the linguistic disadvantage experienced by non-native English-speaking (NNES) witnesses testifying in English in court and discussed how this might also impact on other audience members who either speak no English or do not have a native command of the English language, including in the latter case Chinese jurors. This chapter takes one step further to explore the comprehension of the NNES Chinese jurors as the “judges of facts” in the Hong Kong courtroom. Drawing on evidence from the two jury trials of my research data, the findings of a previous study, as well as one case of the Court of Appeal in Hong Kong, this chapter provides evidence about the jury comprehension problem in the High Court of Hong Kong. It also discusses how the scenarios presented in particular in Chapters 6 and 7, where juries have to rely entirely on interactions in English due to the use of the chuchotage mode of interpretation or a total absence of interpretation, might impact on the comprehension of the jury and potentially on the administration of justice.31

Chapters in this book

  1. Prelim pages i
  2. Table of contents v
  3. List of tables xiii
  4. List of figures xv
  5. Transcription symbols and abbreviations used in this book xvii
  6. Abbreviations used in the transcripts and in this book xix
  7. Acknowledgements xxi
  8. Foreword xxiii
  9. Chapter 1. Introduction 1
  10. Chapter 2. The practice of court interpreting in Hong Kong 11
  11. Chapter 3. Modes of interpretation and audience roles in interpreted trial discourse 39
  12. Chapter 4. The interpreter as one of the bilinguals in court 49
  13. Chapter 5. Interpreter intervention in witness examination 73
  14. Chapter 6. Judges’ intervention in witness examination 91
  15. Chapter 7. Chinese witnesses testifying in English 111
  16. Chapter 8. English trials heard by Chinese jurors 129
  17. Chapter 9. Who is speaking? 147
  18. Chapter 10. Conclusions 171
  19. References 191
  20. Appendices
  21. Appendix 1. Timeline of the use of Chinese in courts 205
  22. Appendix 2. Percentage of criminal cases conducted in Chinese in various courts 207
  23. Appendix 3. Scale points for Court Interpreter and Simultaneous Interpreter under the Master Pay Scale for Civil Servants 209
  24. 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
  25. Appendix 5. Questionnaire on The use of direct or reported speech in court interpreting 217
  26. Index 221
https://doi.org/10.1075/btl.144.c8

Chapters in this book

  1. Prelim pages i
  2. Table of contents v
  3. List of tables xiii
  4. List of figures xv
  5. Transcription symbols and abbreviations used in this book xvii
  6. Abbreviations used in the transcripts and in this book xix
  7. Acknowledgements xxi
  8. Foreword xxiii
  9. Chapter 1. Introduction 1
  10. Chapter 2. The practice of court interpreting in Hong Kong 11
  11. Chapter 3. Modes of interpretation and audience roles in interpreted trial discourse 39
  12. Chapter 4. The interpreter as one of the bilinguals in court 49
  13. Chapter 5. Interpreter intervention in witness examination 73
  14. Chapter 6. Judges’ intervention in witness examination 91
  15. Chapter 7. Chinese witnesses testifying in English 111
  16. Chapter 8. English trials heard by Chinese jurors 129
  17. Chapter 9. Who is speaking? 147
  18. Chapter 10. Conclusions 171
  19. References 191
  20. Appendices
  21. Appendix 1. Timeline of the use of Chinese in courts 205
  22. Appendix 2. Percentage of criminal cases conducted in Chinese in various courts 207
  23. Appendix 3. Scale points for Court Interpreter and Simultaneous Interpreter under the Master Pay Scale for Civil Servants 209
  24. 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
  25. Appendix 5. Questionnaire on The use of direct or reported speech in court interpreting 217
  26. Index 221
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