Nov 8, 2013 12:10
10 yrs ago
4 viewers *
English term

UPON... AND UPON

English to Chinese Law/Patents Law (general) Child Care Processings
这是一篇英国的儿童看护诉讼的法庭令,背景是当地警方认为某父母照看幼儿不当,对儿童造成伤害,决定强制将儿童带走,改由政府指派方寄养。

其中前言(Preamble)部分的内容基本以 UPON(第一句)和AND UPON(后面的句子)开头。这里的 UPON/AND UPON 如何翻译合理?

非常感谢

DRAFT CASE MANAGEMENT ORDER (NO 1) FOR CMH HEARING ON (**DATE**) AT (**TIME**) WITH A TIME ESTIMATE OF TWO HOURS AT XXX COUNTY COURT BEFORE DISTRICT JUDGE XXX

Before District Judge xxx sitting in private on (**Date**).

After reading the materials filed, which are described in an index/record of hearing and hearing submissions from all legal representatives.

Preamble:

UPON the first and second respondent parents agreeing for their children xxx and xxx to remain accommodated by the Local Authority pursuant to Section 20 of the Children Act 1989 (as amended) and to provide not less that seven working days notice in writing to the Local Authority should they seek to withdraw their consent the Local Authority are not seeking interim orders at this juncture.

AND UPON the respondent parents agreeing to sign delegated authority for the children to remain accommodated.

AND UPON it being recorded that the children were moved to a different foster placement for respite whilst the previous foster carers were on holiday and the children being noted to have settled well in this placement where two other children are placed.

AND UPON it being recorded that the respondent parents will require the Court to arrange for xxx Court interpreters to be available for each hearing unless noted otherwise and for the purposes of assessments / meetings and prior to the hearing may require additional time given that an interpreter will be required for such.

AND UPON the respondent parents agreeing to provide consent for the children's educational and health records to be disclosed, to provide the Local Authority with the children's birth certificates and a copy of their passports.

AND UPON the respondent xxx indicating that a contested hearing may be required following the review meeting with the xxx Family Resource Centre on (**Date**) at the half way point if this is progressing without concern, seeking for the children to be returned to her care.

1. THE PARTIES
   The applicant - xxx Council
   The 1st Respondent...
   The 2nd Respondent...
   The 3rd and 4th Respondent ...

2. THE REPRESENTATIVES AT THIS HEARING
   ...
3. ALLOCATION
   ...
4. THE APPLICATION(S)
   ...
5. TODAY'S HEARING
   ...
6. ...
7. ...
8. ...
9. THE KEY ISSUES IN THE CASE ARE:
10. THE PARTIES' POSITIONS:
11. ...
12. IT IS ORDERED:
   ...

Discussion

David Lin Nov 8, 2013:
赞同是“鉴于” 或 “基于”。因为是法庭命令,是法官经过 CMH (Case Management Hearing) 之后的决定,所以铺陈 “Upon...." "And Upon...." 等等的原因,作为他判决的论据。

请留意原文最后一段 12。 It IS ORDERED..... 之后应该就是法官的判词。问者可以证实。

我在英国家事法庭网站找到一个英文法庭命令,用词语气跟原文差不多 ,也用了 Upon... And Upon.... And Upon. 供参考。

J U D G M E N T (Approved)
HIS HONOUR JUDGE xxx
1. The order will be that upon hearing counsel for the applicant mother, xxxxx, and upon there being no appearance by the respondent father xxxx and upon the court being satisfied that

(i) the respondent was served with the order dated xxx (see the certificate of service dated xxx);

(ii) the respondent has failed to file with the court and serve on the applicant a statement of means in Form E by xxx or at all, as required by paragraph 1 of the order dated xxx;

(iii) the Respondent was served with the committal application dated xxxx (see the certificate of service dated xx xxxx);

(iv) the respondent has been guilty of contempt of court by failing to comply with paragraph 1 of the order dated xxxx; it is ordered that

(1) the respondent, xxxxx, be committed to prison for a period of xx days.

Proposed translations

1 hr
Selected

鉴于。。。又鉴于

鉴于。。。又鉴于
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "非常感谢各位的回复、意见和讨论,很有价值!"
-1
1 hr

以……为条件或者在……之后

FYI
Peer comment(s):

disagree TMK729 : The text is placed under Preamble, not part of the Body.
1 hr
Something went wrong...
+1
2 hrs

鑑於/基於

元照英美法詞典: "upon" may be 基於
My opinion, 鑑於is more commonly used in legal text.
Note from asker:
非常感谢您的专业意见,很有参考价值。不过楼上tanglsus 先提供了正确的回答,也符合上下文,所以我这次采用他的回答。
Peer comment(s):

agree David Lin
6 hrs
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search