现有英语法律和合同条文的主句成分中的shall,在汉语中有很多种译法。通常被译成“须”、“应”,有时被译成“应当”,也有时译成“要”、“将”、“可”,还有被译成“必须”,甚至被完全忽略不译的。试看以下各例:
1. The Chief justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region. In addition to the procedure prescribed in Articles 88 and 89 of this law, the appointment and removal of judges of the Court of the Hong Kong Special Administrative Region shall be made by the Chief Executive with the endorsement of the Legislative Council of the Region and reported to the Standing Committee of the National People’s Congress for the record.
2.…the election or recall of chief procurators of people’s procuratorates shall be reported to the chief procurators of the people’s procuratorates at the next higher level for submission to the standing committees of the people’s congresses at the corresponding level for approval.
3.Shipment: The Date of the Bill of Lading shall be accepted as a conclusive evidence of the date of shipment.
4.One who instigates others to commit a crime shall be punished according to the role he plays in the joint crime. One who instigates a person under the age of eighteen to commit a crime shall be given a heavier punishment.
5.If the Buyers fail to notify and/or forward full details within the period specified above, the Buyers shall be deemed to have waived their right to assert any claim.
7.Quantity, unless otherwise arranged, shall be subject to a variation of 5% plus or minus at Seller’s option.
8. …Such compensation shall correspond to the real value of the property concerned and shall be freely convertible and paid without undue delay.…
9.The Purchaser shall, upon receipt of Corporation’s respective invoices therefor, pay to Corporation all amounts which become due by the Purchaser to the Corporationhereunder, including without limitation an amount equal to the taxes and duties.
10.The contractor shall be entitled to use for the purpose of the works such supplies of electricity and water as may be available therefor on the site and shall pay the purchaser such as may be reasonable in the circumstances, and shall at his own expense provide any apparatus necessary for such use.
11.The Board shall have such jurisdiction and powers as are conferred on it by this or any other Ordinance.
12.All Hong Kong residents shall be equal before the law.
综上所述:shall的译法显然五花八门,至少有八种之多。例1将shall译成“应”和“须”,例2、例3译成“须”(或“须”被译成shall);例4将shall译成“应当”;例5、例6译成“将”;例7、例8译成“可”和“应”;例9则译成“必须”;在例10中,其中一处不译、另一处译成“须”,后一处译成“要”;而最后两例,即例11、12,不译,即在汉语文本里找不到对应的译文。