Linguistic Disadvantage in Jury Trials: Lessons from Hong Kong and Beyond

The first empirical study to test Chinese jurors’ comprehension of court proceedings conducted in English.

• Investigates an under-researched aspect of jury comprehension by examining
• Draws on authentic recordings of Hong Kong court proceedings to test potential jurors’ comprehension
• Reviews and discusses appellate opinions about jurors’ access to interpretating services in court
• Argues for the provision of effective interpretation to mitigate linguistic inequalities and jury comprehension issues
• Makes recommendations for best practice to ensure quality in interpreting and jury comprehension

Eva Ng’s groundbreaking work delves into post-colonial Hong Kong courtrooms, where jury service is exclusive to well-educated individuals deemed capable of understanding English proceedings. Using authentic audio recordings of two jury trials to assess jurors’ comprehension, Ng highlights the challenges faced by Chinese jurors, who labour under the double disadvantage of unfamiliarity with legal discourse and insufficient proficiency in the English language used by the court. Ng’s study goes beyond conventional textual analysis by examining also the impact of speakers’ physical voicing on jurors’ comprehension. She addresses the notion of trial by peers, issues of linguistic diversity, disadvantage and inequality in jury service participation in a wider context. Ng advocates for the use of court interpreters to improve comprehension and ensure equitable justice. Her interdisciplinary study offers valuable insights and recommendations for researchers and practitioners in linguistics, law, translation and interpreting, aiming to enhance the quality of interpretation in courtrooms and promote fairer legal outcomes.