TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

Registrar refused to and could not compel respondent to consent to admission of uncertified translations and therefore issued procedural directions: appellants must supply the translations by 26 August 2010; respondent must confirm within 7 days of receipt whether it agrees to admit the translations without certification and, if only partial agreement, must specify agreed parts and place non‑agreed parts in a separate bundle; costs in the cause. These directions balance the parties' procedural rights while recognizing the Court of Appeal's discretion to refuse uncertified translations.

Citation
TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS
Parties
Plaintiff/respondent: Telings International Hong Kong Limited; 1st Defendant/1st Appellant: John Ho; 2nd Defendant/2nd Appellant: Chan Yim Sang; 3rd Defendant: Ho King Assets Corp.
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 August 2010
Case Number
CACV10/2010
Procedural Posture
Civil Appeal (on Appeal From High Court Action No. 2114 of 2005) / Application for Directions Prior to Hearing of Appeal
Outcome
Application for directions granted in part; timetable and protocol for providing and considering translated transcripts ordered
Legal Topics
Translation of Transcripts, Court Interpreter Certification, Admission of Foreign Language Evidence, Pre Trial Timetabling
Source Language
EN
Civil Procedure Evidence Appeal Translation of Transcripts Court Interpreter Certification Admission of Foreign Language Evidence Pre Trial Timetabling

Case Brief

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Parties

Telings International Hong Kong Limited

Plaintiff/respondent

John Ho

1st Defendant/1st Appellant

Chan Yim Sang

2nd Defendant/2nd Appellant

Ho King Assets Corp.

3rd Defendant

Procedural Posture

Civil Appeal (on Appeal From High Court Action No. 2114 of 2005) / Application for Directions Prior to Hearing of Appeal

Legal Issues

  1. 1 Whether the registrar can order a respondent to consent to admission of uncertified translations
  2. 2 Timetable for providing translations and for respondent's consideration
  3. 3 Whether uncertified translations can be admitted without special leave of the Court of Appeal

Ratio Decidendi

Registrar refused to and could not compel respondent to consent to admission of uncertified translations and therefore issued procedural directions: appellants must supply the translations by 26 August 2010; respondent must confirm within 7 days of receipt whether it agrees to admit the translations without certification and, if only partial agreement, must specify agreed parts and place non‑agreed parts in a separate bundle; costs in the cause. These directions balance the parties' procedural rights while recognizing the Court of Appeal's discretion to refuse uncertified translations.

Court Disposition

Application for directions granted in part; timetable and protocol for providing and considering translated transcripts ordered

Orders

  • Appellants shall supply the respondent with translations of the transcripts specified in the summons by 26 August 2010
  • Respondent shall, within 7 days upon receipt of the translation, confirm in writing to the appellants whether it agrees that the translated transcripts can be admitted as evidence without certification