Common Law in an Uncommon Courtroom: Judicial Interpreting in Hong Kong

Abstract

This presentation explores a unique courtroom in the common-law jurisdiction. This uniqueness is particularly characterised by the use of English as the trial language in a predominantly Cantonese-speaking society and the presence of court participants who are proficient in both languages. This scenario poses specific challenges to the interpreters who work within it, and at times renders the interpretation service superfluous. This study, inter alia, problematises judges’ intervention in court proceedings, Chinese witnesses testifying in English, as well as English-language trials heard by Chinese jurors. It demonstrates how the use of chuchotage can be inadequate and inappropriate in the Hong Kong courtroom, where interpreting in an English-language trial is catering to the needs of the linguistic majority.