Eva N. S. Ng - Common Law in an Uncommon Courtroom: Judicial Interpreting in Hong Kong

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Eva N.S. Ng The University of Hong Kong

doi: 10.1075/btl.144

ISBN: (ebook)

John Benjamins Publishing Company https://benjamins.com

John Benjamins Publishing Company

Amsterdam/Philadelphia

List of tables

List of cases and duration of recordings

Languages spoken by court actors in a common bilingual courtroom

Languages spoken by court actors in an English trial in Hong Kong

Institutional roles and audience roles in a monolingual trial

Languages and audience roles of court actors in chuchotage

Languages and audience roles in a common bilingual courtroom

Institutional roles and audience roles in witness examination through an interpreter with and without the presence of bilingual court actors

Turn distribution in mandarin-speaking first prosecution witnesss (PW1) examination-in-chief and cross-examination, case 8, Murder

Interpreter-initiated turns (IITs) in first prosecution witnesss (PW1) examination-in-chief and cross-examination, case 8, Murder

Interpreter-initiated turns (IITs) in defendants examination-in-chief and cross-examination, case 8, Murder

Interpreter-initiated turns (IITs) in first prosecution witnesss (PW1) examination-in-chief and cross-examination, case 8, Murder

Quantitative results of judges turns in examination-in-chief of prosecution witnesses (PWs) in nine trials

Statistics of apologies, case 8, Murder

First-person references uttered by judges and counsel in English and their renditions in Chinese

List of figures

Flowchart of criminal trial procedure in a common-law courtroom

Courtroom layout in the High Court of Hong Kong

Transcription symbols and abbreviations used in this book

Symbols used in the transcripts

Symbol used in English text	Symbol used in Chinese text	Meaning	Example
=	=	Latched utterances (i.e. no pause between turns)	I: = W: =
A sudden cut-off of the current sound/truncated sound	I said to him. I said
-,	-	incomplete word/false start	With resp-, right, with respect. -er
CAPITALS	A louder voice relative to the adjacent talk	OF COURSE, IT WAS?
boldface	Focus on elements under discussion	I suggest to you
::	::	Prolongation of the immediately preceding sound, indicated by the length of the row of colons	O::kay.
(3)	(3)	Length of a pause in seconds	Can you (3) can you tell the court what happened next?
(.)	(.)	A brief pause of less than a second	I (.) walked over to the suspect.
(word)	()	Indistinct possible hearings	The tenant had one hand on the handle and one hand on the blade, with the sharp point (laying downwards)?
(xxx)	(xxx)	Inaudible utterance	(xxx)
Transcribers description	As, as I said, Your Honour, this is what happens .
[	[	Start of an interruption and the utterance which is interrupted	J: I suggest we take a morning break for you to [cool down. D: [Well. OK.
Indication of an unfinished utterance or continuation of an unfinished utterance from the previous turn	DC: By the time you reached W: Yeah. DC: his brain with your surgery

The slash in marks the end of the soft utterance.

Abbreviations used in the transcripts and in this book

Abbreviation

Description

CA

Conversation Analysis

CFI

Court of First Instance (of the High Court)

CI

Consecutive Interpretation/Interpreting

CLO

Chinese Language Officer

CP

Cooperative Principle

CSQ

Confirmation-seeking question

D

Defendant

DARTS

Digital Audio Recording and Transcription System

DC

Defence Counsel

ES

English-speaking/speaker

HKSAR

Hong Kong Special Administrative Region

I

Interpreter

IIT

Interpreter-initiated turn

ISQ

Information-seeking question

I/T

Interpreter/Translator

J

Judge/Magistrate

JR

Jury/Juror

LEP

Limited English Proficiency

LOTE

Language other than English

NES

Non-English-speaking/speaker

NNES

Non-native English-speaking/speaker

OLO

Official Languages Officer

PC

Prosecution Counsel/Prosecutor

PG

Public Gallery

PW

Prosecution Witness

SI

Simultaneous Interpretation/Interpreting

SL

Source Language

TL

Target Language

W

Witness

Acknowledgements

This book would not have come into existence without the support and contribution of many people. First and foremost, I am indebted to the Honourable Madam Justice Queeny Au-yeung, who, in her capacity as the High Court Registrar of Hong Kong, kindly granted permission for me to access the audio recordings of nine criminal trials from three levels of courts in Hong Kong in 2008. Without her visionary support, this authentic data-driven study would not have been possible.

The transcription of the bulk of the audio data, totalling over 100 hours of recording time, was supported by three grants of The University of Hong Kong the Leung Kau Kui Research and Teaching Endowment Fund (2009), and the Teaching Development Grants (2014 and 2016), to which I owe my immense gratitude.

My thanks also go to my two doctoral thesis supervisors at Aston University in the United Kingdom, Professor Malcolm Coulthard and Dr Krzysztof Kredens, for their insightful advice, enlightenment and guidance during the whole process of my research project, which forms the basis of this book.

I would also like to thank the two anonymous reviewers for their meticulous efforts in reviewing my manuscript and for their judicious and perceptive comments and suggestions, most of which I have adopted in my revision. Their inputs are invaluable and have made this book much more readable.

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