JURY ORDINANCE, 1887

JURY ORDINANCE, 1887

No. 6 of 1887.

An Ordinance to amend and consolidate the law relating to
jurors.

[1st Jane, 1887.]

1. This Ordinalice may bee cited as the Jury Ordinance, 1887.

1A. An this Ordinance,

(a) The court means the Supreme Court.

(b) The Registrar means the Registrar of the Supreme
Court.

* As amended by Law Rev. Ord., 1923.
* As amended by Law Am. Ord., 1923.





2. In all civil and criminal trials and in all inquiries into
the idiocy, lunacy, or unsoundness of mind of any person,
the jury, if any, shall, except where otherwise specially
provided, consist of seven men.

3. Every male person between the ages of twenty-one and
sixty years, being of sound mind and not afflicted, with
deafness, blindness, or other such infirimty, who is a good
and suffident person resident within the Colony, and is not
ignorant of the English language, shall be qualified and
liable to serve as juror, subject to the exceptions herein-
after provided.

4. The following persons shall not be liable to serve as
jurors:-

(1) unofficial, members of the Executive or Legislative
Council;

(2) all persons holding any office or situation of emolu-
ment under the Crown: Provided that no person shall for
the purposes of this Ordinance be deemed to hold an office
situation of emolument under the Crown by reason only
of the fact that such person is a member of the Hong kong
Volunteer Defence Corps and as such member is or may be
entitled to receive any pay;

(3)salaried functionaries of foreign Governments not
carrying on business;

(4) barristers-at-law and solicitors in actual practice, and
their clerks;

(5) persons entitled to practise medicine and surgery
fidet the Medical Registration Ordinance, 1884, and persons
entitled to practise dentistry under the Dentistry Ordinance,
(6) editors of daily newspapers in the Colony and their
staff;
(7) chemists and druggists actually carrying on business
as such;

(8) clegymen of the Church of England, roman Catholic
priests, inisters of any congregation of Protestant dissenters
or of Jews functioning in the Colony;

* As amended by No. 26 of 1914, No. 21 of 1917 and Law Am. Ord., 1923.



(9) masters of any school other than a vernacular school
in the Colony; professors, lecturers, and other academic
officers of the University of Hongkong;

(10) officers employed on full pay in the naval or military
service of His Majesty;

(11) masters of steamers and local pilots; and

(12) all officers and non-commissioned officers of the
Hongkong Volunteer Defence Corps, and such other efficient
members of the Hongkong Volunteer Defence Corps as may
be allowed by the Governor in Council.

5. If any person is summoned as a juror who is not quali-
fied or liable to serve as a juror, or is exempt frorn service,
or, having been summoned as a special juror, is not qualified
to serve as such, such want of qualification or exemption
shall be a good cause of challenge and the person so sum-
moned shall be discharged on such challenge or on his own
application, if thd court is satisfied of the fact, and so directs;
but he such want of qualification or exemption,if not sub-
mitted to the court before such person is sworn, shall
afterwards be accepted as a ground for impeaching any
verdict given by the jury on which such person has served.

6. Every person who refuses or neglects to forward to the
Registrar in writing on demand by him, or may some person
duly authorised by him, within the time specified in the said
demand, his name and surname at full length, together with
his profession, business, or occupation and place of abode,
shall upon summary conviction be liable to a fine not exceed-,
ing one hundred dollars.

7.-(1) The Registrar shall, on or before the 1st day of
February in each year, make an alphabetical list of all
persons ascertained by him to to be liable to serve as jurors,
setting forth the name and surname of each at full length,
together with his profession, business, or occupation
place of abode, and shall cause a copy of such list to be
posted for the term of one fortnight at the chief entrance to
the court.

(2) Any person may apply by notice in writing to the
Registra requiring that his name or the name of some other
person may be respectively either added to ot struck off from

* As amended by Law Rev. Ord., 1923.





the list, upon cause duly assigned in such notice ; and the
Registrar, immediately after the expiration of the time for
ing the list, shall forward the same, and such notices as
may be so served on him to the Clerk of Councils.

(3) The Legislative Council may strike off from or add to
he list such name or any other name as to the Council may
appear fit, and shall mark off not less than twenty-four of
names to be formed into a separate list which shall be
designated the Special Jurors List, and all other names
contained in the list shall be designated the Common Jurors
List.

8. The lists, when finally settled, shall be returned to the
Registrar and shall be brought into use on the 1st day of
March next following and shall continue in force for one year.

9. The Registrar shall cause the names of the common
and special jurors to be written on separate cards of equal
size and placed in separate boxes to be called the common
jurors ballot box and the special jurors ballot box, which
shall be kept locked.

10.-(1) Whenever it is necessary to summon a common
jury, a Deputy Registrar shall, in the presence of the
Registrar, openand draw from the ballot box eighteen names
civil cases and thirty names in criminal cases to form a
panel; and whenever from any cause the jurors drawn
cannot be served, a Deputy Registrar shall re-open the ballot
box and in manner aforesaid draw fresh names therefrom as
often as may be necessary to secure the full number of jurors
required.

(2) The cards with the names of those who do not actually
serve and are not dead or permanently incapacitated shall be
returned to the ballot box, and the card with tje names of
those who actually serve shall be locked up in a separate box
until all the names in the ballot box are exhausted by
subseqhent panels, when they shall be returned to the ballot

11. Whenever it is necessary to summon a special jury,
jury shall be drawn in the manner hereinbefore provided
for otaining a common, jury, but the number to be drawn
in all cases be seventeen.





12. The party applying for a special jury, and who has
obtained an order of the court or of a judge for that purpose,
shall, when the cause is set down in the general hearing list,
deposit with the Registrar a sum sufficient to cover the
expenses of the special jury, otherwise the order shall be of
no ellect.

13. In forming any panel, the Registrar shall pass over
the names of all persons which may be, drawn who are, dead-
or absent from the Colony, but shall return to the ballot
boxes the names of any temporary absentees.

14. The Registrar shall issue summonses, according to the
form in the Schedule, which shall be personally served on or
left at the usual place of abode of the persons drawn two
clear days before the day appointed for the sitting of the
court.

15. The Registrar shall cause a list containing the names,
places of abode, and additions of the persons so summoned
to be made out as soon as, conveniently may be after the
summonses have been served.

16. In any information or indictment for a criminal offence,
it shall be lawful for the Attorney General, by written notice
to the Registrar, or for any udge, on the application of any
private prosecutor or of the person accused, to order a special
jury to be, summoned for the trial of the case and the
Registrar shall forthwith forthwith the panel of such jurors, and
summon them in manner hereinbefore provided.

17. At the sitting of the court, the names of all the jurors
summoned shall be written on separate cards of equal size
and put into a box, and the Registrar or elerk of the court
shall, open court, draw therefrom until a jury is obtained.

18.-(1) After the jury have been sworn or charged with
the person accused, they shall be kept in some convenient
place in court apart by, themselves (retirement of individual
jurors for personal purposes only excepted, and then in
charge of an officer of the court), until the judge has summed
up the evidence and has left the case with the jury:
Provided that if the court adjourns during the hearing of
the case (either during the sitting or at the end of a day's
sitting) the judge may either allow the jury to disperse, or

























may direct that they be removed in charge of an officer of
the court to some convenient place, there to take refreshment
at their own expense and rest, until the court reassembles,
and such officer shall be sworn that he will suffer none save
himself to speak to or to communicate with them without
the leave of the Judge.

(2) If, after the case has been left with the jury, the jury
desire to withdraw for the purpose of considering, their
verdict, then they shall be kept by an officer of the court in
some convenient place apart by themselves, but they shall be
allowed reasonable refreshment at their own, expense, with
ower also to retire alone only for personal purposes, until
they are agreed upon their verdict or are discharged there
by the court; and the officer shall be sworn that he
will suffer none to have access to them or speak to them
himself, except to ask whether they are agreed upon their
verdict or to commnunieate between them and the court.

19. The names of the persons drawn as jurors shall be
marked on the list provided for in section 15, and the cards
with such names shall be kept apart by themselves until all
the yards in the box have been drawn: Provided always, that
any case is brought on to be tried before the jury in any
other case have brotight in their verdict, it shall be lawful
for the court for order another jury to be drawn from the
esidue of the said cards for such trial: Provided also, that
where no objection is made on behalf of the plaintiff or
prosecutor or on behalf of the defendaut or person accused,
it shall be lawful for the court to try any case with the same
jury who have previously tried or been drawn to try any
other case, but it may order the name of anyperson on such
jury, whpom both parties may consent to withdraw or who
may be justly challenged or excused by the court, to be set
aside and another name to be drawn form the box.


[s. 20, rep. No. 62 of 1911.]

21.-(1) In the event of any of the jurors, after reasonable
consultation, dissenting from the residue, the verdict in civil
cases of a majority, and in criminal cases of a majority
consisting of not less than five jurors, shall be taken to be
the verdict of the jury: Provided always, that if any person
is arraigned for any offence punishable with death the jury


* As amended by Law Am. Ord., 1923.



must be unanimous in their verdict of guilty or not guilty;
but if a majority, consisting of not less than five, find such
person guilty of a less crime, then the finding of such
majority shall be the verdict, and sentance shall follow
accordingly.

(2) If in any case it seems for any cause to be desirable,
the judge may direct the jury to consider their verdict
further.

22. In the event of the death, illness, or default of
attendance of any one or two of the jurors during the trial
of any action, suit, information, or indictment, it shall be
lawful for the order the trial of such action, suit,
information, or indictment to be proceeded with in like
manner as if the full number of jurors had continued to
serve on the jury, and any verdict returned by the remaining
jurors, or in civil cases by a majority, or in criminal
by a majority consisting of not less than five of the remaining
jurors shall be of equal validity as if it bad been returned by
a jury consisting of the full number of jurors:

Provided that in a criminal trial for an offence punishable
with dealth, the jury shall not consist of less than seven,

23. The verdict of the jury shall in all cases be given
the foreman in open court and in the presence of all the
jury, and, if in a criminal proceeding, in the presence
the person accused, and shall thereupon, be recorded by the
Registrar; and the Registrar shall, before taking the verdict,
ask if they are all or by what majority agreed thereon, and
whether they find for the plaintiff or for the defendant, and,
in the case of a person accused, whether they find such
person accused guilty or not guilty; and the jury shall
either pronounce a general verdict for the plaintiff or
defendant, or of guilty or not guilty, or else shall return
a special verdict finding the facts of the case: Provided
always that the jury may acquit any person accused of a
part of the charge against him, and find him guilty of the
remainder.

24. Whenever the jury in any case have withdrawn and
been kept apart for the purpose of considering their verdict,
and have not returned the same before all the other cases
for trial at the same sitting or session have been disposed
of, and when it sufficiently appears to the court that the said

* As amended by Law Am. Ord., 1923.



























As.anlended by Law Ain. Ord., 1923.





jury, cannot agree upon a verdict, and that there is not such
a majority as aforesaid agreeing, the court shall discharge
such jury, and shall cause a new jury to be empanelled and
sworn and charged with any person accused, and the action,
suit, information, or indictment shall be tried as if such first
jury had not been empanelled.

25. Nothing in this Ordinance shall prevent the court
from exempting, in its discretion, any person from serving
as a juror on any trial or from removing the name of any
person from the list of jurors, on cause being shown for so
doing.

26. No person who is put upon his trial either for
treason, felony, or misdemeanor shall be allowed to challenge
the jurors except for cause.

27. Whenever there is a deficiency of jurors, it shall be
lawful for the court, at the prayer ot either of the parties
the action or of the, Prosecutor or person accused, to put
upon the jury so many good and lawful men of the by-
standers or others who can be speedily procured as may be
to make up the full number thereof.

28.-(1) The remuneration of special jurors in civil cases.

(2) In criminal cases special jurors shall not be entitled
to any remuneration: Provided always that the judge, on
an application for a special jury by any person accused,
may order such special jury to be, remunerated as in civil
cases, and that such person accused shall deposit with the
Registrar a sum sufficient to cover the expenses of such
special jury; otherwise such order to be of no effect.

29. If any juror, having been duly served with a sum-
mons,-

(1) fails to attend; or,
(2) being present, does not appear when called; or,
(3) after appearance, withdraws himself without the per-
mission of the judge,
the Judge shall, unless some reasonable excuse is proved
bath or otherwise to his, satisfaction, impose upon him
a fine not exceeding one hundred dollars.





30. All fines imposed under this Ordinance shall be
levied in such manner as the court or Judge may direct,
and, when levied, shall be paid to the Registrar.

31. On the trial of any civil or criminal case, either
party, or the prosecutor or person accused shall be at liberty
to apply to the court for an order for the inspection by
the jury of any property the inspection of which may
material to the proper determination of the proceedings
question, and the court may make such order, on such terms
as to adjournment, costs, and otherwise, as the court may
direct.

32. Whenever it is necessary to summion a jury in the
summary jurisdiction of the Supreme Court, the number
drawn to form a panel, shall be six, and the provisions of
this Ordinance, so far as they are applicable, shall apply to
such juries.

33. In any inquiry into the idiocy, lunacy, or unsoundness
of mind of any person, any issue, determinable by the
verdict of a jury shall be tried like an ordinary issue in the
court by a common or special jury as the judge may direct:
Provided that the alleged idiot, lunatic, or person of un-
sound mind shall have a special jury as of right.

34. Every person, not being a Christian, who may be
summoned to serve as a juror in any case, may in lieu of
the oath now required to be taken, make the following
declaration:-

I, A.B., do solemnly, sincerely, and truly declare that I will
hearken to the evidence, and a true verdict give, to the
best of my skill and knowledge, without fear, favour, or
affection.

35. In cases not provided for by this Ordinance, the law
in force in England relating to jurors and juries shall, in so
far as the same does not conflict with the provisions of this
Ordinances, have force and effect within the Colony; but
nothing in this section shall be deemed to relate to jurors or
juries on death inquiries.

* As amended by Law Am. Ord., 1923.
SCHEDULE. [s. 14.]

FORM OF SUMMONS TO JUROR.

Mr. A.B.

You are hereby ummoned to appear as a juror [oE special juror] at
the Supreme Court to be holden at in this Colony on
the day of ,19 ,at the hour of o'clock
in the noon, and there to attend from day to day until you shall
be discharged from the court.

(Signed.) C. D., Registrar.

N.B.-The penalty for disobedience hereto is any sum not exceeding
one hundred dollars.

No. 7 of 1887, repealed by No. 8 of 1912.
[Originally No. 18 of 1887. No. 26 of 1914. No. 21 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. Ordinance No. 1 of 1884. Ordinance No. 16 of 1914. Want of qualification to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of common and special jurors. Return of lists, when settled, to Registrar, etc. Names to be placed in ballot boxes. Formation of panel of common jurors. Panel of special jurors. Special jury in civil actions. Passing over names for panel. Summoning of jurors. Schedule. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling new jury for new case. Verdict of majority to prevail except in capital case. Provision in cass of death, illness, or non-attendance of juror. Mode of giving verdict. Case of jury not agreeing upon verdict. Power of the court to exempt juror. Challenge for cause only in criminal cases. Talesmen. Remuneration of special jurors. Fining of juror for non-attendance, etc. Levying of fines. Inspection of property by jury. Jury panel in summary jurisdiction cases. Jury in lunacy cases. Declaration by non-Christian juror in lieu of oath. Application of law of England in cases not provided for.

[Originally No. 18 of 1887. No. 26 of 1914. No. 21 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. Ordinance No. 1 of 1884. Ordinance No. 16 of 1914. Want of qualification to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of common and special jurors. Return of lists, when settled, to Registrar, etc. Names to be placed in ballot boxes. Formation of panel of common jurors. Panel of special jurors. Special jury in civil actions. Passing over names for panel. Summoning of jurors. Schedule. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling new jury for new case. Verdict of majority to prevail except in capital case. Provision in cass of death, illness, or non-attendance of juror. Mode of giving verdict. Case of jury not agreeing upon verdict. Power of the court to exempt juror. Challenge for cause only in criminal cases. Talesmen. Remuneration of special jurors. Fining of juror for non-attendance, etc. Levying of fines. Inspection of property by jury. Jury panel in summary jurisdiction cases. Jury in lunacy cases. Declaration by non-Christian juror in lieu of oath. Application of law of England in cases not provided for.

https://oelawhk.lib.hku.hk/items/show/1126

1923

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