JURY ORDINANCE, 1887

JURY ORDINANCE, 1887

No. 6 of 1887.

An Ordinance to amend and consolidate the law relating to
jurors. [1st June, 1887.]


1. This Ordinance may be cited as the jury 1A. In this Ordinance,


-And see No. 7 of 1935 [Urban Council], s. 3 (3) & (4).





(a) ' The court ' means the Supreme Court.

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

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
sixtv years, being of sound mind and not afflicted with
deainess, blindness, or other such infirmity, who is a good
and sufficient person resident within the Colony,, and is not
ignorant of the English language, shall be qualified and liable
to serve as a juror, subject to the exceptions hereinafter provided.

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

(i) 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 or
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 or of the Hong Kong Police Reserve or of the
Hong Kong Naval Volunteer Force and as such member is or
may be entitled to receive any pay;

(3) salaried functionaries of foreign Governments not carry-
ing, on business;

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

(5) persons duly registered as or deemed to be medical
practitioners under the Medical Registration Ordinance, 1935,
persons duly registered as dental surgeons under the Dentistry
Ordinance, 1914, members of the Royal College of Veterinary
Surgeons of Great Britain, and persons holding the diploma

t Asamended by No. 8 of I' [M6.29], No. 30 of 1933 [5.2.341, No.
21 of 1935, [26.4.35], No. 31 of 1936 [24.7.361 and Law Rev.
Ord., 1937.





of such British or foreign veterinary institution or examining
body as may be approved by the Governor.

(6) editors of daily newspapers in the Colony and their
staff ;

(7) chemists and druggists actually carrying on business
as such;

(8) clergymen of the Church of England, Roman Catholic
priests, and ministers of any other Christian Congregation or
of any Jewish Congregation, functioning in the Colony;

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

(io) officers employed on,full pay in the naval, military or
air services of His Majesty;

(ii) masters of steamers and local pilots; and

(12) all officers and non-commissioned officers of the Hong
Kong Volunteer Defence Corps, all commissioned and warrant
officers of the Hong Kong Naval Volunteer Force, and also
such other members of the said Corps or of the said Force as
shall have been exempted from jury service by the Governor
in Council.

5. If any person is, summoned as a juror.who is not qualified
or liable to serve as a juror, or is exempt from 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 summoned shall
be discharged.on such challenge or on his own application,
if the court is satisfied of the fact and so directs. but no
such want of qualification or. exemption, if not submitted.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 by some person
duly authorized by him, withi n. 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 exceeding one hundred dollars.

7.-(1) The Registrar shall, on or before the ist day, of February in each
year, or on or before such other day as may be ordered by the Governor in
any particular year, make two alphabetical lists of persons liable to serve as
jurors, with occupations and addresses, one being a list of special jurors and
the other being a list of common jurors, and shall cause a copy of each list to
be posted for fourteen days at one of the entrances to the Courts of justice.

(2) Any person may within the said fourteen days apply by notice in
writing to the Registrar requiring that. his name or the name of some other
person may be added to or struck off from either of the said lists, upon cause
duly assigned in such. notice, and the Registrar shall in his discretion decide
upon such application, and shall, if necessary, alter the list or lists
accordingly.

(3) The number of names which the Registrar shall include in the Est of
special jurors shall not exceed sixty, or such other maximum as may be
ordered for the time being by the Governor in Council.

(4) As soon as possible after the expiration of the said period of
fourteen days the Registrar shall forward to the Clerk of Councils the two
lists and such notices as shall have been served on him under the
provisions of sub-section (2).

(5) The said lists and notices. shall thereupon be considered by the
Governor in Council who may add any name to either list or strike off any
name from either list, and who shall accordingly finally settle the two lists.

(6) In settling the list of special jurors the Governor in Council shall not
be bound by any previous order made by him regarding the maximum
number of special jurors.

8.-(1) The two lists, when finally settled by the Governor in Council,
shall be returned to the Registrar and shall be brought into use on the ist day
of March next following, of on such dav as may be ordered by the Governor.

An amende.d by No. 8 of 1929 [2B.6.29].





(2) The two lists so settled and brought into tise * in any
year shall continue in force until the respective lists settled in
the next following year are duly brought into use.

9. The Registrar shall cause the names of the common and P
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.-(i) Whenever it is necessary to summon a common
jury, the Registrar or a Deputy Registrar shall open and draw
from the ballot box eighteen names in civil cases and thirty i
names in criminal cases to form a panel ; and whenever from
any cause the jurors drawn cannot be served, the Registrar or
a Deputy Registrar shall re-open the ballot box and in manner
aforesaii 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 sliall be
returned to the ballot box, and the cards with the naines of
those who actually serve shall be locked tip in a separate box
until all the narnes in the ballot box are exhausted by subsequent
panels, when they shall he returned to the ballot box, if required,
for the purposes of the current year.

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

12. The party applying for a special jury, and who has
obtained an order of the court or of la 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 he of no effect.

13.-(x) In forming any panel, the Registrar shall pass
over the names of all persons drawn who are dead or. absent
from the Colony, but shall return to the ballot box the names
of any temporary absentees.

As amended by No. 8 of 1929 [28.6.291.
t As amended by No. 23 of 1934 [24.8.341.





(2) In forming a panel under section 9 of the Coroner's
Abolition Ordinance, 1888, the Registrar,rnay also pass over
and return to the ballot box the names of any persons drawn,
if, in his opinion, such persons cannot conveniently be served
in sufficient time to secure , their attendance as jurors at the
Jnquiry.

14. The Registrar shall issue summonses, according to the
form in the ScLedule, which shall be served on the persons
drawn either personally or by leaving the sarne at their
respective residences or places of business: Provided that where
personal service is not effected the summons shall be. left not
less than 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 judge, on the application of any
private prosectitor or of the person accused, to order a special
jury to be summoned for the trial of the case and the Registrar
shall forthwith form the panel of such jurors, and summon them
in manner hereinbefore pro*vided.

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

18.-m-(i) After the jury have been swor ' n 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 bearing of the case (either during
the sitting or at the end of a day's sitting) the judge m ' aY

As amended by No. 23 of 19M [24.8.343.





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 power also
to retire alone only for personal purposes, until they are agreed
upon their verdict or are discharged therefrom by the court;
and the officer shall be sworn that he will suffer none to have
access to them nor speak to them himself, except to ask whether
they are agreed upon their verdict or to communicate between
them and the court.

19. The names of the persons drawn as jurors shall be
marked on the list provided for in section iS, and the cards
with such narnes shall be kept apart by themselves until all
the cards in the box have been drawn: Provided always, that
if any case is brought on to be tried before the jury in any
other case have brought in their verdict, it shall be lawful for
the court to order another jury to be drawn from the residue
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 defendant 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 any person on such jury, whom 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 from 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 consist-
ing of not less than five jurors, shall be taken to be the verdict
of the jury: Provided always, that if anv person is arraigned





for any offence punishable with death the jury must
unanimous in their verdict of guilty or not guilty; but if
majority, consisting of not less than five, find such pers n
guilty of a less crime, then the finding of such majority shall be
the verdict, and sentence 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 attend-
ance of any one or two of the jurors during the trial of any
action, suit, information, or indictment, it shall be lawful for
the court to 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 b
. . . 3 y
a majority, or in criminal cases by a majority consisting of not
less than five of the remaining jurors shall be of equal validity
as if it,hid been returned bv a jurv consisting of the full number
of jurors:

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

23. The verdict of the jury shall in all cases be given by
the foreman in open court and in the presence of all the jury,
and, if in a criminal proceeding, in the presence of the person
accused, and shall thereupon be recorded by the Registrar or
clerk of the court who 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 rnay acquit any
person accused of a part of the charge against him, and find
him guilty of the remainder.

Y24. 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
t As amended by No. 23 of 1934 [24.8.341.
As amended by No. 8 of 1929 [23.6.29].





trial at the same sitting or session have been disposed of, or
when it sufficiently appears to the court that the said 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 c~arged
with any person accused, and the action, suit, information, or
indictment shall he 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 any of the
jurors except for cause.

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

28.-(1) The remuneration of special jurors in civil cases
shall be twenty-five dollars ea~h for each day of every trial.

(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 shall be of no effect.

29. If any juror, having been duly served with a summons-
0) fails to attend; or

(2) being present, does not appear when called; or

(3) after appearance, withdraws himself without the permis-
sion of the judge,





the judge shall, unless some reasonable excuse is proved upon
oath 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 be material to the proper
determination of the proceedings in 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 summon 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 unsound mind shall
have a special jury as of right.

34. Every per-5on, 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:-

1 , A.B., do solemnly, sincerely, and truly declare that 1 will
hearken to the evidence and a true verdict give, to the best of my
skill and knowledge, wiiliout 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
Ordinance, have force and effect within the Colony; but nothing
in this section shall be deemed to relate to jurors or juries on
death inquiries.
SCHEDULE. [s. 14.]

Foam oF SUMMONS TO JUROR.
Mr. A. B.

You are hereby summoned to appear as a juror [or special juror]
at the Supreme Court to be holden atin this Colony
on the day of 19 at the hour of
o'clock in thenoon, 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.

[Originally No. 18 of 1887. No. 8 of 1929. No. 30 of 1933. No. 23 of 1934. No. 21 of 1935. No. 31 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. Ordinance No. 41 of 1935. 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. Bringing lists into operation. 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. Ordinance No. 5 of 1888. 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 case 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 case not provided for. [27.10.33.] [6.9.35.]

[Originally No. 18 of 1887. No. 8 of 1929. No. 30 of 1933. No. 23 of 1934. No. 21 of 1935. No. 31 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. Ordinance No. 41 of 1935. 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. Bringing lists into operation. 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. Ordinance No. 5 of 1888. 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 case 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 case not provided for. [27.10.33.] [6.9.35.]

https://oelawhk.lib.hku.hk/items/show/1428

1937

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No. 6 of 1887

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