The other world language

All around Asia there seems to be an irreversible expansion in the use of English. Even corners of the continent that resist Anglo-Saxon-dominated capitalism are not immune. North Korea’s national news agency, Naenara, regularly publishes articles in English in order to reach a wider audience. English is used for propaganda on the banners displayed at international sports matches in Pyongyang. However, we should be cautious about assuming that the growth of English is inevitable.

For one thing, the language gap between Asia’s influential, affluent elite and its urban and especially rural poor remains huge. Karachi, Pakistan's largest city, has middle-class areas where families use English more than any other language, but it has far more areas where children get very little schooling at all, let alone in English. While every child in Seoul studies English, there is a big contrast between some wealthy suburbs south of the river (Kangnam), where there is an English-language kindergarten on almost every street, and the older, poorer Kangbok districts to the north where it can be hard to find a shopkeeper or taxi-driver who understand even a few words of English. English-language skills are often cited to explain the rapid modernisation of India’s economy, but it must be remembered that perhaps no more than 4% of the population can use the language proficiently.

For another, as British linguist David Graddol points out, while English continues to grow as a second language, the proportion of the world’s population speaking it as a first language is actually falling. Hindi and Arabic speakers are increasing faster. Chinese has far more first-language speakers, and while population growth in China is slowing, the number of non-Chinese learning Mandarin is exploding.

It has been estimated that over 30 million people are currently studying Chinese. South Koreans are especially enthusiastic, aware that their country now does more trade with China than America. But Mandarin-learners are also growing in the UK, where there are now over 80 secondary schools teaching the language. At Hawkesdown House, a private school in an affluent part of London, four-year-olds are learn it. Some British parents even hire Mandarin-speaking nannies for their children. Still greater interest can be found in Australia and New Zealand, where courses for European languages and even Japanese struggle to compete. America is not known for its enthusiasm for foreign languages, but the Senate Foreign Relations Committee recently considered allocating $1.3 billion for Chinese language and culture classes in public schools.



The strongest motivation for studying the language is economic, of course. The economies of China and several of its neighbours consistently outperform the EU and US. Recently the Asian Development Bank predicted that less than 1.25% of East Asians will be living below the poverty line by 2020. The world has never seen a manufacturing expansion like the one occurring in China now, and it seems everyone wants a piece of the action. Aware of the economic and also cultural advantages to be gained from global interest in their language, the Chinese government has set up Confucius Institutes around the world. The first opened in Seoul in 2004, and there are now nearly 300.

The number of Britons studying in China has grown since 2004 from 650 to 1400. Many have business or other professional qualifications and feel that adding Chinese language skills will give them an edge over competitors. Concerned about the possibility of foreign businessmen taking jobs from its own citizens, China’s Securities Regulatory Commission now requires high-ranking executives in the financial services sector to take a government test requiring a good standard of written and spoken Chinese.



While the expansion of China’s economy looks unstoppable, it is difficult to say whether current interest in its language will continue to expand. Over 200 million people are studying English in China, and it is likely that far more of them will become proficient in the language than the number of Americans and Britons who will become fluent in Chinese. The International Herald Tribune suggested that rather than pour dollars into learning Chinese, US high schools would do better to concentrate on improving maths skills, which are now below the standard of schools in China.

Common law – common language?

It is sometimes claimed that English law is the last bastion of British colonialism and of the English language. Long after their countries gained formal independence, lawyers throughout the Commonwealth continue to study laws that evolved centuries ago in England. Many of them still complete their training in London. And all of them require a high level of proficiency in the English language. Because of this, lawyers often have a reputation for trying to preserve ancient privileges and outdated practices. But if we look at the situation of the law in several Asian countries we can see that there are often good reasons for the conservatism of the legal profession. Moreover, it is no easy task to change the language of the law from English to an Asian language.

Most of the Asian countries that inherited English law continue to rely on the English language to administer the law. A great deal of Singapore’s legislation dates from the colonial era; new laws are drafted in English and court proceedings are conducted only in that language, with a centralised system of courtroom interpretation for witnesses and litigants who prefer to use Chinese, Malay, Tamil or other languages. Law in Brunei, which was once a British protectorate, also operates in English, and some of the judges come from Britain.

In the Philippines, a mixture of Spanish and common law is used since the country was a Spanish colony before being occupied by the US more than 100 years ago. But hardly any lawyers use Spanish now. Nor do they use Tagalog, the national language. Almost everything is in English.




However, there are some countries that have tried to introduce another language into the courtrooms. Nearly all cases in Myanmar are now heard in Burmese. In Pakistan, Urdu is commonly spoken in the lower courts (but English remains the language of the constitution, statutes and higher court proceedings). Several state-level courts in India permit Hindi or official regional languages in court. All laws in Hong Kong are written in both English and Chinese, and trials may be in either language. Malaysia started using Malay in its courts in the 1980s, and it is now the main language in the lower courts and in criminal cases. However, English is still used extensively in the higher courts and in civil cases, and even cases conducted in Malay often use a lot of English words.

Since trials are public events, it makes sense for courtrooms to use the language that most people understand best. But changing the language of a legal system is easier said than done. A Hong Kong lawyer who trained in English may not be comfortable speaking Cantonese in court, even if she uses it at home every day. In Malaysia, many laws are yet to be translated into Malay, and so many lawyers feel it is natural to speak English when referring to them. The thousands of previous cases, or precedents, which lawyers base their arguments on all over the Commonwealth and in America may never be translated – there are simply too many of them, and some have been in use for hundreds of years. An attempt to use Tagalog in some courts in the Philippines has had limited success. Not all Filipinos speak Tagalog, and many court clerks and recorders were trained in English and do not have time to retrain.

Some lawyers also worry that by changing the language of the law the meaning of the law will somehow change. After all, even changing the language of old English laws into more modern and simple English is not easy.

Many Asian legal systems have adopted a compromise, adopting both English and a local language. Sri Lanka has a trilingual system of law. In the lower courts, Sinhala or Tamil is used, depending on where the case is held; English is used for the higher courts.

While some common law countries are starting to use more Asian languages, alongside English, one or two countries that never used English in their legal systems are stressing its importance. The Thai government, for example, is encouraging judges to study in English-speaking countries so that they can deal directly with business documents without having to wait for a translation. In Macao, the legal system operates bilingually in Portuguese and Cantonese, but nearly all lawyers are fluent in English. If they weren’t, they could not collaborate with law firms in neighbouring Hong Kong, which is much bigger and richer.