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

This talk presents findings from a groundbreaking study on Chinese jurors’ comprehension of English-medium court proceedings in Hong Kong, based on authentic audio recordings from two jury trials.

Hong Kong’s common law system, shaped by its colonial past, uses juries in serious criminal trials and death inquests. With English remaining a trial language – initially the sole language, now used alongside Cantonese – the ability to understand English is an important requirement for jury service, typically linked to education level. In a society where about 90% of the population speaks Cantonese as their dominant language, this requirement excludes many potential jurors, raising concerns about both the representativeness of juries and jurors’ comprehension of court proceedings.

This study reveals that even citizens who meet the language requirements for jury service struggle to fully grasp English-language trials. Applying the Voice Projection Framework, the study demonstrates how speakers’ discursive and physical voicing of courtroom discourse contribute to comprehension challenges for jurors. This talk argues for the provision of interpreting for jurors in Hong Kong to improve their understanding of court proceedings and to make juries more representative of the community, in line with the fundamental principle of trial by one’s peers.