The Logic Thought in Legal Translation

The Logic Thought in Legal Translation 1 The logic meaning and translation of “if, when, shall” and “or” Analyze the sentences to find out the internal logic meaning of the original sentences, then choose corresponding link words in translation to represent the logic relations.⑥⑦⑧⑨⑩ 1 ①The provisions of this Schedule II ② ③the investment functions, responsibilities and powers cease to be vested in the Settlor/Investment Decision-Maker (and where the Trust Fund includes any Real Estate, in the Real Estate Manager) ④pursuant to paragraph 5 of Schedule I, ⑤and shall then apply only subject to paragraph 6 of this Schedule II.根据进度表 I 第 5 款规定,本进度表 II 所列条款仅 ① 本附录 II 的条款②仅在④根据附录 I 第 5段③不再向委托人/投资决策者(信托基金包括任何不动产,不再向不动产管理人)授予投资职能、职责和权力②时适用,⑤且仅在不违反本附录 II 第 6 段的前提下适用。 The structure of the sentence: The provisions shall apply only when and shall then apply only 本 仅在 根据 时适用,且仅在 的前提下适用。 The ordiance of the original sentence: ① The provisions ②shall apply only when ③cease to be vested in ④pursuant to ⑤and shall then apply only subject to ① 本附录 II 的条款 ②仅在 ④根据 ③不再向 授予 ②时适用 ⑤且仅在 的前提下适用 2 If a member of the Investment Committee retires from office or becomes incapable of acting as a member of the Investment Committee, that member shall be released from all claims, demands, actions, proceedings and accounts of any kind on the part of any other person, whether in existence or not, actually or prospectively interested under this Settlement for or in respect of the capital and income of the Trust Fund or these trusts or any act or thing done or omitted in execution or purported execution of that member’s functions other than and except only liability: 若投资委员会成员退任或无法担任投资委员会成员,该成员应被豁免由任何其他人提出的所有索赔、要求、诉讼、程序和任何种类的账目,不论是否存在,也不论其根据本授产契据是否对信托基金或此类信托的资金或收入拥有实际或预期权益,亦免除该成员在执行或拟执行其职能中的作为或不作为所引起的责任,但以下责任除外: Firstly, analyze the logic relations of the sentence. The structure of the sentence is: If shall be released from (Whether or not or) or other than and except In translation, we shall choose corresponding words and structure to represent the logic meaning of the sentence: 若 应被豁免 (不论是否 也不论) 亦免除 但 除外 Attention should also be paid to the expression of the following words: be released from 豁免 for or in respect of 对 act or thing done or omitted 作为或不作为 in execution or purported execution of 执行或拟执行 3 residential real estate, acquired at the written direction of the Investment Committee with the consent of the Trustees (which the Trustees may give or decline to give, in their absolute discretion) or acquired at the direction of the Real Estate Manager pursuant to paragraph 5(7)(a) of this Schedule, or Chattels acquired at the direction of the Settlor pursuant to paragraph 5(4) of this Schedule, and in each case held as provided in paragraph 5 of this Schedule. 住宅地产,经受托人同意(受托人可同意或不同意,由其自行决定)并在投资委员会的书面指示下获得,或根据本附录第 5(7)(a) 段的规定在不动产经理的指示下获得;或根据本附录第 5(4) 段的规定在委托人的指示下获得的动产,且不论是不动产还是动产,均应根据本附录第 5 段的规定持有。 The sentence structure is: residential real estate, acquired at or acquired at or Chattels acquired at and held as 住宅地产, 获得,或 获得,或 获得的动产, 且 持有。 4 any loan, borrowing, credit or other similar facility or financing arrangement entered into with any Account Provider which is not an Unauthorised Transaction; and与任何账户提供商订立的任何贷款、借款、信贷或其他类似融通或融资安排,且不是未经授权的交易;以及 In translating this sentence, pay attention that express one main meaning in one clause. Here, the attributive clause “which is not an Unauthorised Transaction”is turned into a coordinate clause. 5 any other asset of any Investment Company which the Trustees have declared in writing shall be regarded as an Authorised Investment for all purposes of this Settlement, notwithstanding that such asset is not held in an Investment Account with an Account Provider PROVIDEDTHAT the Trustees may, in deciding whether or not to make any such declaration, have regard solely to their own interests.受托人以书面形式宣布的任何投资公司的任何其他资产,虽然该资产未在账户提供商提供的投资账户中持有,但该资产根据本授产契据应被视为经授权的投资,条件是受托人在决定是否作出任何此类宣布时仅考虑其自身利益。 The logic ordiance in the orginal and tranlated version: any other asset shall be regarded as notwithstanding that PROVIDEDTHAT 任何其他资产,虽然 ,但 应被视为 ,条件是 6 if an individual, on death or on becoming unable or unfit to act or on being declared bankrupt; or 如为个人,则该人死亡、无能力或不适合担任投资委员会成员,或被宣告破产;或 if a company, on dissolution; or 如为公司,则该公司解散;或 Pay attention to the translaiton of ‘if’. 7 If that nomination remains unrevoked, the Trustees have been given written notice of it and the Beneficiary nominated consents by written instrument delivered to the Trustees, he shall immediately become a member of the Investment Committee when a vacancy arises or when the specified member ceases to be a member of the Investment Committee. 投资委员会出现任何空缺或特定成员不再担任投资委员会成员时,若提名仍未被撤销,受托人已收到书面通知且所提名的受益人通过书面文书表示同意并送达受托人,则该受益人应立即成为投资委员会成员。 The link words express logic relations: If shall when 时, 若 ,则 8 any other investment manager, broker, securities dealer or bank that is consented to in writing by the Trustees PROVIDED THAT in giving or withholding their consent, the Trustees may impose such conditions or situations as they may in their absolute discretion elect for their own protection由受托人书面同意的任何其他投资经理、经纪人、证券交易商或银行,条件是受托人在同意或拒绝同意时,可设置为保护其自身而自行选择的条件或情形。 The expression: giving or withholding their consent 同意或拒绝同意 in their absolute discretion elect 自行选择 Pay attention to the translation of the second part of the sentence:the Trustees may impose such conditions or situations as they may in their absolute discretion elect for their own protection可设置为保护其自身而自行选择的条件或情形。 9 The Trustees shall ensure that the relevant Investment Company complies with any Investment Directions whether or not the direction is to invest all of the Underlying Investments in a single asset or class of assets, and whether or not the transaction involves liability or is non-income-producing, or involves an investment not traded on a recognised exchange, and even if the investment is of a speculative or wasting nature, or will or might result in any failure to diversify the Underlying Investments, or is otherwise unusual as a trust investment.受托人应确保相关投资公司遵守任何投资指示,不论该指示是否将所有相关投资投资于单一资产或多项资产,也不论此交易是否涉及负债或者并不产生收益,或涉及不在认可的交易所交易的投资;即使投资为投机性或消耗性质,或者将或可能导致无法分散相关投资,或者是不寻常的信托投资。 The logic relations and links words in the sentense: shall ensure that whether or not and whether or not involves or involves and even if 应确保 ,不论 是否 ,也不论 是否涉及 ,或涉及 ;即使 为 ,或者将或可能 ,或者是 10 PROVIDED THAT the foregoing shall not prevent the acquisition of shares, units orparticipations in a separate investment vehicle whose activities include entering into such transactions; nor shall the foregoing prevent the Investment Committee from directing that the Investment Account be wholly or partly invested in any investment programme managed by an Account Provider, in its discretion, whose activities include entering into such transactions as part of a balanced portfolio strategy.但上述交易不得阻止股份、单位信托的收购或参与包括缔结此类交易活动的独立投资工具,亦不得阻止投资委员会指示将投资账户全部或部分投资于由账户提供商自行管理的任何投资项目(账户提供商的活动包括缔结此类交易,作为均衡投资组合战略的一部分)。 Logic meaning and link words in the orginal sentence and tranlsated sentence: PROVIDED THAT shall not prevent ; nor shall prevent , whose 但 不得阻止 ,亦不得阻止 Pay attention to the collocation in the following sentences: 11 The Investment Committee shall act by a clear majority of its members so that, if reduced to two, they shall act unanimously. 投资委员会应按其明显多数成员的意见行事,若成员人数减至两人,则应行动一致。 act by a clear majority of :按 的意见行事 10 arising from any breach of trust which that member was a party or privy; or 起因于任何违反信托的行为,而该成员为其中一方当事人或利害关系人;或 any breach of trust: 违反信托的行为 27 the Trustees or Investment Company bona fide consider that such execution would or might make the Trustees or Investment Company subject to any criminal sanction or civil liability to persons not connected with this Settlement; or 受托人或投资公司善意地认为执行此类指示将或可能使受托人或投资公司遭受刑事制裁,或对与本授产契据无关的人士承担民事责任;或 bona fide consider that,善意地认为

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