Legal Translation and Bilingual Law Drafting in Hong Kong

Clara Ho-yan Chan is Associate Professor of the School of Humanities and Social Science, the Chinese University of Hong Kong, Shenzhen. Her research interests focus on language and law, especially legal translation, legal terminology and bilingual law drafting.

• Table of ContentsList of tables and figuresPrefaceAcknowledgments1 Introduction: about this book1.1 Background and purpose1.1.1 Legal translation in Modern China1.1.2 Legal translation in Hong Kong1.2 Review and framework1.2.1 Hong Kong: translation of English laws and bilingual law drafting for the 1997 change of sovereignty1.2.2 Mainland China and Taiwan: legal globalisation1.3 Terminology1.3.1 Legal Chinese1.3.2 Chinese legal terminology1.3.3 Legal translation1.4 Organisation and technicalities1.4.1 Structure and limitations1.4.2 Romanisation and convention2 Challenges in legal translation: a language perspective2.1 Europeanisation of Chinese2.1.1 Lexical changes2.1.2 Morpho-syntactic changes2.1.2.1 Affixation 2.1.2.2 Conjunctions 2.1.2.3 Pronouns2.1.2.4 Pre-nominal modifiers and embedding levels2.1.2.5 Passive voice2.1.2.6 Other types of syntactic change2.2 Europeanisation of legal Chinese2.2.1 Legislation2.2.1.1 Lexicon2.2.1.2 Syntax(i) Huo (或) (or) . . . huo (或) (or)(ii) Prepositions and prepositional phrases(iii) Underpunctuation(iv) ‘Empty verb’construction(v) Shi . . . de (是 . . . 的)/wei . . . de (為 . . . 的) construction(vi) Excessive use of nouns2.2.2 Judgments2.2.3 Legal documents2.2.4 Legal translation textbook2.2.5 Responses from different sectors3 Challenges in legal translation: a legal perspective3.1 ‘Equivalence’ in Hong Kong bilingual legal terminology3.2 Equivalence in Chinese legal terminology in three Chinese regions3.2.1 Five translation categories in terms of equivalence3.2.1.1Category 1 (near equivalents)—one or more similar foreign source term(s) with same renditions of same/similar meaning3.2.1.2 Category 2 (near equivalents)—one or more similar foreign source term(s) with different renditions of same/similar meaning3.2.1.3 Category 3 (partial or non-equivalents)—one or more similar foreign source terms with different renditions of different meanings3.2.1.4 Category 4 (partial or non-equivalents)— different foreign source terms with different renditions of different meanings (partial or non-equivalents)3.2.1.5 Category 5 (non-equivalents)—mistranslation3.3 Case study of terminology in international agreements: intellectual property rights in Mainland China, Taiwan and Hong Kong3.3.1 Introduction and methodology3.3.2 ‘Layout-design’, its Chinese translations and the measurement of equivalence (waiguan sheji (外觀設計) vs dianlu buju (電路布局(拓樸圖)) vs butu sheji (布圖設計(拓樸圖))3.3.2.1 Mainland China: waiguan sheji (外觀設計)3.3.2.2 Taiwan: dianlu buju (電路布局(拓樸圖))3.3.2.3 Hong Kong: butu sheji (布圖設計(拓撲圖))3.3.3 Summary and conclusion3.4 Concluding remarks4 Education in meeting challenges4.1 Education and training: theory and practice4.2 Broad and balanced approach: first lecture on legal translation4.2.1 A broad approach: legal systems, legal traditions and legal language4.2.2 A balanced approach: views on the Chinese legal system4.3 Interdisciplinary approach: language and law4.3.1 Case study: a legal knowledge-based translation course for Hong Kong translation students4.3.1.1 Background and aims4.3.1.2 Design and contents4.3.1.3 Feedback and reflections4.3.2 Case study: an English-Chinese glossary of terminology for Hong Kong law students4.3.2.1 Background and aims4.3.2.2 Design and contents4.3.2.3 Feedback and reflections4.3.3 Master’s programmes on language and law in three regions4.4 Training for legal professionals and legal translators4.4.1 Government law drafters4.4.2 Amini-survey: use of Chinese by lawyers and legal translators4.5 Concluding remarksx Contents5 Research in meeting challenges5.1 Major books and bilingual legal resources5.1.1 Research books5.1.2 Reference books5.2 Two potential research areas5.2.1 Enhancing language quality for bilingual legislation and judgments5.2.1.1 Co-drafting of bilingual legislation: plain language drafting5.2.1.2 Translation of judgments: Chinese proficiency and language style5.2.2 Comparative study of legal terminology and legal glossary compilation5.2.2.1 Relations with comparative law and existing works5.2.2.2 Framework for comparison6 Conclusion: trends and prospects6.1 Training practitioners with language and law skills: status of legal translation6.2 Research work on terminology comparison: ‘universal’ translation methods6.3 Epilogue: a new era with new visions6.3.1 Past experience 6.3.2 Development for the future Index

This book gives a comprehensive and systematic account of the multifaceted issues of legal translation and bilingual law drafting in the context of Hong Kong’s transformation from a unilingual to a bilingual legal system. It focuses on the variety of challenges confronting such transformation from the micro perspectives of language and law to the macro perspectives of education and research. As a legal translator and translation teacher myself, I have learnt a lot from it and would wholeheartedly recommend it as a must-read for anyone who wants to have a clear understanding of legal translation.--- SIN King-kui, Dean, Faculty of Arts and Humanities, UOW College of Hong KongThe development of a bilingual legal system in Hong Kong since the 1980s has posed important challenges for legal translation and legal drafting. This book provides a comprehensive study of the subject, drawing on the experience of mainland China and Taiwan in the use of the Chinese language. I think it is an extremely useful book for both general readers interested in the use of Chinese in Hong Kong law, as well as students and practitioners of English-Chinese legal translation and drafting.--- Professor Albert H.Y. Chen, Faculty of Law, University of Hong Kong The importance of language in the context of law hardly requires elaboration. Hong Kong the only common law jurisdiction where legislation is enacted in both Chinese and English. Legislation aside, legal translation plays an important role in enhancing access to justice in Hong Kong. Viewed thus, his book by Professor Clara Chan is a helpful addition to the literature and research in this area, and will be an indispensable addition to the bookshelf of those interested in law and language.--- Rimsky Yuen, GBM, SC, JP, Barrister — Senior Counsel