CO129-190 - Governor Hennessy - 1880 [10-12] — Page 219

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There would then be no undue advantage given to the Chinese or other Asiatic officers, and no race- distinctions disfiguring the harmony and destroying the esprit-de-corps of one-half of the members of the Hongkong Civil Service.

As regards Asiatic-born Interpreters, therefore, or others coming into the service otherwise than through the Cadet Scheme, I think the remedy for the present unsatisfactory state of interpretation in the Colony, lies in the first instance in giving such Interpreters a definite equitable status under the Pension Minute, as to both leave of absence and pension. This being done to induce good men to join and remain in the Service, the next thing to be done, I think, is to form all the Interpreters into one Department, in order to produce uniformity and to secure for each special case the Interpreter specially fitted for the requirements of that case. To keep the Interpreters, however, from lapsing into a torpid, inprogressive state of mind, to secure gradual development of the special talent possessed by each individually, and to arouse healthy emulation, a scheme of regular periodical increment of salary on the basis of periodical examinations should be established within the Interpretation Department. A scheme embodying the latter principle with special reference to Chinese Interpreters has lately been introduced in Singapore with the approval of the Secretary of State, and requires but few alterations to adapt it to the requirements of Hongkong.

II. EUROPEAN INTERPRETERS.

So far I have only referred to Asiatic-born Interpreters. But to complete this report, as far as the system of Interpretation in this Colony is concerned, it is necessary to refer to the various schemes called forth by the unsatisfactory condition of interpretation as supplied by locally educated Inter- preters, in consequence of which the Imperial Government kept ever urging reform and the Local Government devising again and again new measures to supply competent Interpreters for the Chinese language.

1. GENERAL ORDERS OF SUPREME COURT.

(a.) Distinction of two classes of Interpreters.

As early as 1848 it was felt in Hongkong that the limited education which Asiatic-born native Interpreters receive in Hongkong or China is not sufficient to enable the Interpreters in the Service, even when perfect in Chinese idiom and well acquainted with colloquial English, to follow readily the train of thought of Counsel and Judge, and to interpret correctly the niceties of legal distinctions or to translate accurately written documents. Accordingly, the Supreme Court made a rule admitting others than ordinary official Interpreters to practise in the Supreme Court as Interpreters. This rule is contained in Section LXIII of the Regula Generalis (1st March 1847) of the Supreme Court of Hongkong, and runs as follows:---

" LXIII.

General Orders-Supreme Court of Hongkong.

IST MARCH, 1848.

"1. That every person possessing a competent knowledge of the Eastern and Chinese languages, or any or either of them, may be admitted to practice as Translator and Interpreter in this Court.

"2. That every application to be so admitted shall be accompanied by a Certificate of the quali- fications of the Applicant from two competent persons.

3. That every Translator and Interpreter shall be duly sworn and enrolled in the Supreme Court, and shall be to all intents and purposes an Officer of that Court, and liable to be punished for Misconduct, in the same manner as Attorneys and Solicitors now are.

"4. That the sworn Translators and Interpreters shall be entitled to the following Fees; only.in Criminal Cases and Actions for Breach of the Laws relating to the Revenue no Fee shall be allowed :-

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TABLE OF FEES.

"Translations, per folio of seventy-two words, English...

"Fair copy of same, per

folio

Every Attendance to swear Affidavit,

66

.$1.00

0.50

1.00

2.00

0.25"

Every Attendance in Court, or before Commissioners for the Examination of Witnesses, for every three hours, or any fractional part of that time, in each case,. "Every Case in the Summary Jurisdiction, including Plaint, Attendance in

Court, &c. Experience had showed then, and has continued to show to the present day, that two different classes of Interpreters are required for the Chinese language in this Colony. We require not only ordinary native Interpreters possessed of a colloquial knowledge of Chinese and English idiom-though in most cases this will suffice-but we require also, for certain special cases, a few well educated gentlemen who have gone through a course of philological training and possess both collo- quially and classically a thorough knowledge of both the Chinese and English languages. The former class of Interpreters would answer the ordinary routine purposes of the Charge-room, the Police Court, the Marine Court, and the various administrative departments, but the latter class is required for the cases in the Supreme Court, and for the special cases of all the other Courts and Departments, for the Colonial Secretary's Office, and for the general purposes of the Executive, but most especially for documentary translation work.

(b.) Interpretation Fees.

In reporting this rule of the Supreme Court to the Secretary of State, the Governor, Sir JOHN DAVIS (Despatch No. 42 of 14th March 1848), states that this rule had been made with a desire to encourage properly qualified persons undertaking the office of Interpreters," by allowing fees in all cases, except in Criminal and Revenue cases. In reply the Secretary of State, Earl GREY (Despatch No. 37 of 13th June 1848), whilst approving of the general principle, remarks that he thinks it in expedient to throw the Interpreters' payment on the suitors in the form of fees instead of on the public, and objectionable to allow no fees at all in criminal cases or actions for breaches of Revenue laws. In the correspondence, however, which then ensued, Sir GEORGE BONHAM (Depatch No. 71 of 8th September 1848) gave explanations which entirely satisfied Earl GREY (Despatch No. 75 of 4th December 1848). That as a general rule the entire cost of interpretation should not be thrown upon suitors in the form of fees, has been well laid down by Earl GREY. But there is no rule without exception. And that suitors in civil cases should pay a portion of the expenses of interpretation, especially as far as transla- tions from and reports on Chinese account books and all documentary translations or verifications of translations are concerned, whilst the Government supplies competent Interpreters in all cases, seems to me to be but just and reasonable. On the other hand, that official Interpreters, who are salaried officers of the Government, should be allowed to take such fees is of course out of the question. The proper course would be, in my opinion, for the Interpretation Department to adopt the above quoted table of fees, and to arrange for the payment of all such fees into the Treasury by means of stamps. I think a properly organized system of this sort applicable to every translation to be produced in Court, would not only satisfy the requirements of the administration of justice but prove a convenience to the public, and would, in all probability, lessen the cost of the Interpretation Department to a considerable

extent.

(c.) Effect of the General Order. 1848-1854.

The above mentioned rule of the Supreme Court had no practical effect towards amcliorating the state of interpretation. Things went on tolerably well, however, while the late Mr. CALDWELL acted as General Interpreter for colloquial in all ordinary cases in the Supreme Court, because for special cases, and especially for documentary translation, the educated and highly trained Interpreters connected with the Superintendency of Trade, the late Dr. GÜTZLAFF, Mr. (now Sir) Tuomas WADE, Mr. MONGAN and others, supplied the most urgent needs of the Colonial Government, until the transfer of the Superintendency of Trade to Shanghai, în 1854, and the subsequent military operations deprived Hongkong of the services of all those Interpreters.

Dec.