Reference 參考資料

Reference 參考資料

The following are a few monographs or edited books that are of general reference value. There are also several journal articles on legal language in Hong Kong, although these are limited in number.

以下是數本可供參考的專著或編著。此外,亦有一些討論香港法律語言的期刊文章,惜為數不多。

香港雙語法制:語言及翻譯

Bilingual Legal System in Hong Kong: Language and Translation

湛樹基、李劍雄 編 

香港大學出版社,2019

《香港雙語法制:語言與翻譯》是迄今唯一較全面回顧及展望香港雙語法制發展的專著,也是第一本用中文撰寫的相關作品。全書共五章,互相扣連。第一章指出培訓法庭傳譯員是發展雙語法制極重要的一環;第二章討論香港法院如何解決雙語法例的分歧;第三章探討法律人員在法庭使用中文發言的問題;第四章提出如何在香港的大學培養語文與法律兼擅的人才;第五章闡釋翻譯判決書涉及的問題與處理方法。

雙語法制在香港實行了數十年,尚要克服不少困難,才能發展完備。本書提供了全面且嶄新的視角,分析成功實踐雙語法制的必要元素,無論是法律從業人員,還是對此議題感興趣的讀者,均可從中獲得啟發,並更加了解如何鞏固香港的法治基礎。

連結:https://hkupress.hku.hk/index.php?route=product/product&author_id=107&product_id=179

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

Eva NS Ng

John Benjamins, 2018

This book takes you into a common-law courtroom which is in no way similar to any other courtroom where common law is practised. This uniqueness is characterised, in particular, by the use of English as the trial language in a predominantly Cantonese-speaking society and by the presence of other bilinguals in court, thus presenting specific challenges for the interpreters who work in it, and at times rendering the interpretation service superfluous. This study, inter alia, problematises judges’ intervention in the court proceedings, Chinese witnesses testifying in English, as well as English-language trials heard by Chinese jurors. It demonstrates how the use of chuchotage proves to be inadequate and inappropriate in the Hong Kong courtroom, where interpreting in an English-language trial is arguably provided to cater for the need of the linguistic majority. This book is useful to interpreters, language educators, legal professionals, forensic linguists and policy makers alike.

Link: https://benjamins.com/catalog/btl.144

Legal Translation and Bilingual Law Drafting in Hong Kong: Challenges and Interactions in Chinese Regions

Clara Ho-yan Chan

Routledge, 2020

Legal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology.

The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world.

The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.

Link: https://www.routledge.com/Legal-Translation-and-Bilingual-Law-Drafting-in-Hong-Kong-Challenges-and/Chan/p/book/9781138335912

The Common Law in Two Voices: Language, Law, and the Postcolonial Dilemma in Hong Kong

Kwai Hang Ng

Stanford University Press, 2009

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In The Common Law in Two Voices, Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism.

This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.

Link: https://www.sup.org/books/title/?id=16908