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An Inquiry into the Theoretical and Linguistic Problems of Translating Hong Kong Statue Laws into Chinese: A Documentary and Critical Study of the Bilingual Laws Project in Hong Kong
Principal Investigator: Serena Jin, OBE, Professor of Translation
The Completion of the mammoth task of translating the entirety of Hong Kong's statue laws into Chinese before the handover on 1 July 1997 not only laid a firm foundation for the preservation of the common law in the Hong Kong Special Administrative Region, but also signifies a landmark in the history of legal transplant and translation. The translation project, which was undertaken by the former Legal Department under the supervision of the Bilingual Laws Advisory Committee (BLAC), a statutory body composed of lawyers, linguists and translators, represented Hong Kong's joint effort to address the tantalizing problems of translating the common law into the local language which all former British colonies have been hard pressed to tackle.
The aim of this research is threefold. First, it gives a documentary account of the translation project with a view to providing an accurate and comprehensive record of an intellectual enterprise in translation as well as in legal transplant. Second, it identifies and categorizes the theoretical, linguistic and methodological problems and issues encountered in the translating process, investigates how they were tackled, and examines the underlying principles and assumptions in the light of which the Chinese text was produced. Third, it provides a conceptual framework within which the project can be appropriately examine, evaluated and further developed, thus building a firm foundation for the implementation of bilingual legislation in Hong Kong. It will also have important implication on China's legal modernization.
All three investigators have been actively involved in the translation project. Prof. Serena Jin (Professor of Translation, CUHK), Principal Investigator, played a key role throughout the whole process (1988-1997) as a member of the Bilingual Laws Advisory Committee (BLAC). Co-Investigator Prof. K.K. Sin (Associate Professor of Chinese, Translation & Linguistics, CityU) joined BLAC in 1990 and chaired one of the two sub-committees from 1992. Prof. W.C. Suen (Associate Professor of Chinese, Translation & Linguistics, CityU; Senior Assistant Law Draftsman, Department of Justice), another Co-Investigator, was Crown Counsel responsible for supervising the translation of a number of ordinances and attended BLAC meeting to answer questions on the translation raised by BLAC members. Thus, they have first-hand knowledge of the whole project, able to give an accurate account of the issues and problems encountered in the translating process.
The research project is being supported by the RGC Earmaked Research Grant for a fund of HK$623,000 in 1999-2000. |