Linguistic disadvantage before the law: When non-native English-speaking witnesses waive their right to an interpreter

Abstract

This chapter builds on my research into the interactional dynamics in the unique bilingual Hong Kong courtroom, where interpretation is, by and large, provided for the linguistic majority. Drawing on authentic courtroom data, this study demonstrates how non-native English speaking (NNES) witnesses, by waiving their right to an interpreter, can be disadvantaged due to their linguistic incompetence. It explores how NNES witnesses are further disadvantaged in the antagonistic process of cross-examination, as counsel frequently violate the Gricean Cooperative Principle. It also discusses how this might compromise the access of other NNES court participants such as jurors to the trial in its entirety in the special context of the Hong Kong courtroom, and potentially impact the delivery of justice.