Common Law in an Uncommon Courtroom by Ng Eva N. S.;

Author:Ng, Eva N. S.; [Ng, Eva N.S.]
Language: eng
Format: epub
Publisher: John Benjamins Publishing Co.
Published: 2018-11-05T16:37:23+00:00

7.Conclusion

This chapter has problematised judges’ intervention in witness examination as a cause of omissions in court interpreting. It has demonstrated that judges’ intervention in witness examination in the bilingual Hong Kong courtroom is more problematic than in many other courtroom settings. The omissions in interpretation or the change in the mode of interpretation, both resulting from judges’ intervention in witness examination, arguably disadvantage NES court actors, including the defendant, whose constitutional right to an interpreter means that s/he has the right not just to be heard, but to hear everything said in court. The omissions or the change in the mode of interpreting as a result of the intervention may also compromise the participation status of jurors, who may have a problem accessing the trial talk without the mediation of the interpreter.

The next chapter will examine the phenomenon of Chinese witnesses testifying in English, of which they do not have a native command. It will discuss the problems arising from this as well as their impact on the participation status of NES participants in court and potentially on the delivery of justice.

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