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Hong Kong courts
Opinion
SCMP Editorial

Editorial | Hong Kong’s system of open justice being lost in translation

  • Rulings in recent court cases involving breaches of the national security law have been delivered only in Chinese, a break from past practice when English translations were available

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A photo cutout of activist Tam Tak-chi who was found guilty in the city’s first sedition trial since the 1997 handover. An English translation of the ruling in his case has not been provided.  Photo: SCMP / Dickson Lee

One of the core features of Hong Kong’s legal system is the use of both the English and Chinese languages in court cases. This reflects the city’s history and legal culture while recognising that the overwhelming majority of residents speak Chinese.

The bilingual nature of the system brings many benefits. But it requires the use of translation. This is especially important when judgments are given, to ensure they are widely understood.

Last week, a significant ruling was delivered in Cantonese in the District Court. Former radio presenter Tam Tak-chi was found guilty in the city’s first sedition trial since the 1997 handover. The judge found the sedition laws to be constitutional. He also ruled that insulting the Hong Kong government amounts to a challenge to Beijing’s authority.

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The decision has far-reaching implications for free speech and the extent to which the right may be restricted. There was much interest in the case here and overseas. But there is no English translation of the judgment and no immediate plan to provide one.

This is unsatisfactory.

Adam Ma Chun-man in 2020. Photo: SCMP / Brian Wong
Adam Ma Chun-man in 2020. Photo: SCMP / Brian Wong

An English-language summary of the 26-page judgment was issued by the judiciary. The summary is less than 400 words long – shorter than this editorial. It barely touches on the reasoning of the judge.

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