JURY LAW CONSOLIDATION ORDINANCE
Title
JURY LAW CONSOLIDATION ORDINANCE
Description
ORDINANCE :\o. la or 1864.
Jury..
No. 11 of 1864.
Title. An Ordinance for consolidating and ameudinr the Laws relative to
Jurors and Juries.
[13th September, 1864.
Preamble.
onllaanres
repeelled.
'WHEREAS the lays relative to the summoning of jurors and the formation of
juries are numerous and complicated, and it is expedient to consolidate
and
simplify-, the salve, and in some respects to amend the said laws: Be it
enacted by His
Excellency the Governor of Hongkong, with tile advice of the Legislative
Council
thereof, as follows:-
1. The several Ordinances and parts of Ordinances set forth in schedule
(A) to
this Ordinance annexed, are hereby, repealed to the extent to which the
salve are by
such schedule expressed to be repealed, except as to the now existing
'Jurors' List,'
which shall continue in force until the first day of March now next
ensuing, and except
as to anything done or fine incurred before the coming into operation of
this
Ordinance.
Ail questions of 2. All questions of fret, whether of a civil or criminal
nature, upon which issue.
Met except &c.,
cone decided ay shall be taken in the course of guy proceeding. in the
Supreme Court, or before [the
ajury of sevca.
slaeri, f: Repealed by Ordinance No. 24 of 188 and the word 'any'
substituted] Commissioner
or other officer of the same, and all questions of idiotcy, lunacy and
unsoundness of
mind shall, except in cases otherwise provided for, 1>e tried by a jury
of seven men.
veralct of 3, In the event of any of the jurors dissenting from the
residue, the verdict of
wujority to bo
vordlet
unlessinfcvpiy capital
Casa a majority shall be held and deemed to all intents and purposes to be
the verdict of
anmlmlty'is the jury; Provided always, that if any person be arraigned for
guy offence visited by
rcypls9te, the law with capital punishment, then and in such case the jury
must be unanimous
in their verdict of guilty, but if such majority should find such person
guilty of a
less crime than the capital one, then sentence of law shall follow the
verdict of the
~' majority.
woo qaali8ed to 4. Every male person between the ages of twenty-one and
sixty years, being of
nerve as. jarors.
sound mind, and not afflicted with deafness, blinclpess, or other
infirmity, who shall be
a good and sufficient person resident within the Colony, shall be
qualified and liable t
serve as a° juror: Provided, that no Member o2 mtpte,Colonial Councils,
laox persolr--
hblding guy office or situation of emolument undter tlae Crown, nor
salaried Foreign
Functionaries of Foreign Governmelsts not carrying A business, nor any
barrister,
physician, attorney, or surgeon actually practising as such within the
Colony, nor any
chemist or,dlruggist carrying on his business therein, nor any clergyman
or dissenting
minister, nor any officer employed in the Military or Naval Service of
Her Majesty,
nor any person ignorant of the English language, shall be, or be deemed
liable to serve
as a juror.
ORDINANCE No. 11 or 1864.
Jury.
g. Every person on demand by the sheriff, or some person duly authorized
by
bim, shall deliver in writing to the sheriff or authorized person as
aforesaid, his
Christian or other names, and the surname or names at full length, under
penalty of
his refusing or neglecting so to do of a sum not exceeding one hundred
dollars.
[Repealed by Ordinance No. 24 of 1882 and new section substituted.]
6. Such fine shall be imposed and levied at the discretion and under
order of the rvlntit,-iitt,.
lccied.
Supreme Court., on complaint made by the sheriff ['Registrar' as
aqne?ided by Ordinance
No. 24 of 1882] to the said Court in that behalf.
7. A11 fines so levied shall be paid into the hands of the Registrar of
the Supreme
Court, and by him accounted for to the Colonial Treasurer.
S. The sheriff shall make a list in alphabetical order of all men who
shall be
-qualified to serve as jurors, setting forth the Christian or other names
and surnames
of each at full length, together with his place of abode, and shall sign
and transmit it
copy of such list to the Registrar of the Supreme Court, who shall
thereupon cause a
copy of such list to be posted for the term of one fortnight, on or in
some conspicuous
part of the Court House, to the end that the inhabitants of the Colony
may, as the
case shall be, apply by notice in writing to the Registrar, requiring
that their namhs
may be respectively either added to or struck oft from the said list,
upon cause duly
assigned in such notice; and the Registrar immediately after the
aspiration. of the time
for posting such list, shall forward the same, and such notices as may be
so served on
him, to the clerk of the Legislative Council, to the end that the
Governor with the
advice of the Council (and he and they are hereby empowered so to do) may
stripa,bff
or add such name or navies from among those of the said inhabitants as to
the said
Governor and Council may appear fit, and the said list when so approved
of, or altered,
-shall be returned to the Registrar by the clerk of the Council and
called the 'Jurors'
List.' [Repealed by Ordinance No. 24 of 1882 and new section substituted.]
9. Every jury list in force within the Colony shall contain the surnames
of all Jttrylist:
men who shall be qualified and liable to serve on juries, together with
the Christian or
other names by which such persons are usually known, whether such names
shall have '
been delivered in writing in accordance with the provisions in section
five, [Amenuted
by Ordinance No. 24 of 1882] or have been inserted therein [by the
sheriff, or: Repealed
.by Ordinance No. 24 of 1882] by the governor and Legislative Council.
1
. 10.1If the sheriff or othe;n?irioter, or officer; shall wilfully insert
or omit in the
-list of jurors the name of any~,max, which ought not to be so inserted
or ornitted
according to the list of jurors bo to be made out as aforesaid, or shall
fail to sign and
transmit a correct copy of such list to the Registrar as hereinbefore
directed, or shall
otherwise fail well and truly to do and perform all and every the acts,
rAatters :end
things, hereby required to be by him performed, such sheriff or other
minister, or
-officer, shall be fined at the discretion of the Court. [Repealed by
Ordinance No. 24 of
z:,uneo nr re=-
identstnbegiaen ;,
to slierl IT on
demand fn. rnn
pnrpose of form-- h Jury ft'L.
nla.a,l .,t
sltcrilT to nutkt
ont,)m;v list noU
tro.n3mit wn,o
to Registrar, vrho
shall 1orwnrd fly
sttW o trwoo;at
tile vierh of the
l'.onncits to TIM-
t:overnor and
i,eb;snti,,
<',onocil for
:tpPr,t,.al ot'
nnetntitt.
1'onaltc nn shnrifl
1,n1' IICRIett of
-6~8 ORDINANCE No. VI of 1864.
Jury.
Jury list to pe in use for one 11. On or before the first day of February
in each year, the sheriff shall make out
year. and transmit a fresh jury list, in manner and form as hereinbefore
directed; and such
' fresh jury list, when so transmitted, and approved of or altered as
aforesaid, shall ba
brought into use the first day of March then next following, and shall
continue to be
used for one year. [.Repealed by Ordinance No. 24, of 1882.]
Dnannerofform 12, When the list shall be completed and returned to the
Registrar, he shall
ing panel. jury cause the names therein to be written on separate cards
and placed in a ballot box to
`~> -' - be kept for that purpose, and whenever it shall be requisite to
summon a jury, the
sherif shall attend at the Registrar's ofce and, in the presence of him or
his deputy,
['a Deputy Registrar shall in the presence of the Registrar' as amended by
Ordinance
No. 24 of 1882] draw from the said bog eighteen, and at criminal sessions,
thirty
of the said names to form a panel, and the cards so drawn shall thereupon
be locked
up in a separate bog therein to remain until the entire of the names in
the ballot box
shall be exhausted by subsequent panels, when all the names of the jurors
shall be
returned to the ballot bog, if required, for the purposes of the current
year, and in
5 such case the names shall again be redrawn in manner aforesaid. [Proviso
added by
Ordinance No. 7 of 1868.]
Tor summoning 13. The sharii f [' The Registrar' as amended by Ordinance
No. 24 of 1882] shall,.
juries.
m before the sitting of any Court whereat a jury shall be necessary, issue
summonses ac-
cording to the form in the schedule (B,) hereunto annexed, requiring the
attendance
thereat thereat of the persons so drawn from the ballot boa, and every
such summons shall be
personally served upon, or left at the usual place of abode of the person
so summoned
two clear days before the day appointed for the sitting of the Court.
->'` panel. 14. The sheriff shall also, at the same time, cause to be
delivered to the Registrar,
Deputy Registrar or clerk of the Court, a panel containing the names,
places of abode,
and additions, of the persons so summoned. [Repealed by Ordinance No. 24
of 1882 and
Jltry to Ire
balloted for.
Governor an (l
Council to mark
off the names of
not less than
nrenty-four.
[Rre Ord. No. 8 of
new section substituted.]
Penalty for
non-attendance. 15. If any juror having been duly served with such
summons, shall fail to attend,
or being present shall not appear when called, or after appearance shall
withdraw
himself without the permission of the Court, the Court shall, unless some
reasonable
excuse be proved on oath or affidavit or otherwise to the satisfaction of
the Court, set
upon the person so making default such fine, not exceeding the sum of one
hundred
dollars, as to the said Court shall seem meet.
16. At the sitting of the Court the names''of all the jurors summoned
shall be,~
written on,separate pieces of card of equal size alld put into a box, and
the 13egistrart~
Deputy Registrar or clerk of the said Court shall, in open Court, drag
therefrom until
seven jurorsappear, who, after all just causes of challenge Nllowed,
ahahremain as fair and
indifferent, and the same shall be dune whenever it shall be necessary to
form anew jury.
1'r. When and so often as the list of jurors shall have been transmitted
by the
Registrar in manner aforesaid to the Governor and Legislative Council, he
and they
shall mark off, and designate with the term, ' Special Juror,' not less
than twenty-
four of the names contained in the list, and the names of such speoial
jurors shall be
ORDINANCE No.'-- 11 .bg I$64.
formed into a separate list; and i either the plaintiff or the defendant
in any suit or
action, or the prosecutor or defendant in any indictment or information
other than for
treason or felony, shall be desirous of having such suit or action,
indictment or infor-
mation, tried by a special jury, (such special jury to consist of seven
men so marked or
designated as aforesaid,) it shall be lawful for the Court to order and
appoint a special
jury to be struck 1>y the Registrar, and summoned in the manner provided
with respect
to common jurors; Provided thatthe party applying for such special jury,
and coke shall
have obtained a rule or order of the (:oust for that purpose, shall, on
entering the cause
for trial, deposit with the Registrar or other officer of the Court, a
sum sufficient to cover
the expenses of the special jury; otherwise the rule or order of Court to
be of no
effect. And it is hereby further provided, that special jurors shall be
exempt from
serving on any common jury, and that the verdict of every special jury
shall be subject
to the said provisions respecting majorities, as if it were a common jury.
persons In the
general jury list,.
who shall be
liable to serve -
as special lurnra.
[See lhd, do. 8
UT 187?.]
18. Nothing herein contained shall prevent the Court Front evemptinn in
its Power to the
(',ours to exempt
discretion any person or persons from serving as a juror on ally trial,
or from removing j
''''r^
their names from the list of jurors, on cause being shewn for so doing.
19. No person who shall be put upon his trial either for treason, felony,
or ro Challenge
except. for cause.
misdemeanour, shall be allowed to challenge any of the jurors except for
cause.
20. Whenever there shall be a deficiency of jurors, it shall be lawful
for the Court,.
at the prayer of either of the parties in the cause; with or without tile
consent of the
opposite party, to put upon the jury so many good and lawful men of the
bystanders,
as shall be sufficient to make up the full number thereof.
h-
21. The names of the persons sworn as common jurors in manner aforesaid,
shall
be marked on the list; and those names so drown shall be kept apart by
themselves
until all the names in the ballot box shall have boon drawn: Provided
always, that if
any case shall be brought on to be tried in the Court before the jury in
any other case
shall 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 fur the trial of the
case which shall
be so brought on to be tried: Provided also, that where no objection
shall be made on
behalf of the plaintiff or prosecutor, or on behalf of the defendant or
prisoner, it shall
1>e lawful for the Court to try any case with the salve jury that shall
have previously
tried, or been drawn to try any other case, or to order the name of any
person on such
jury, whom both parties may consent,to withdraw or who may be justly
challenged of
excused bov the G`ourt, to be set aside and another name to be drawn from
the bog, and
`4o''try the case with the residue,,pf s-zldh original jury, and with
such person 'orpersons
rwhose name or names shall be, so drawn and who shall appear and be
approved as
indifferent, and so as often and as long an any case remains to be tried.
22. After the jury in any case shall have been sworn, or charged with any
prisoner
they shall be kept in some convenient place in Coprt apart by
themaelves,,~until the
Chief Justice or other presiding Judge has summed up the evidence aver
has left the
case with 'the jury, and if any such jury shall desire to withdraw for
the purpose, of
considering their verdict, then they shall be kept by an officer of the
Court in some
ns to revs jurl-
for new ca.e;~.
Ilow Jury when
sworn or charged
with any
prisoner, to be
kept.
Ifcrw jury to he
kept When
necessary to
adjourn the
court.
Proyision in case
of death or
'tisriniltty ofJarer.
ORDINANCE No. 11- of 1864.
Jury..
convenient place apart by themselves until they are agreed upon their
verdict, or be
discharged therefrom by the Court; and the officer shall be sworn that he
will suffer
none to have access to them, or speak to them, and that he will not speak
to them himself
except to ask whether they are agreed upon their verdict, or to
communicate between
them and the Court. [Repealed by Ordinance No. 7 of 1868 crud new section
substituted.
Repeated also by Ordinance No. 8 of 1872 and fresh section. szebstituted.]
23. Whenever it may be necessary for the Court to adjourn the further
sitting
of the Court during the trial of any case, it shall be competent to the
Court to direct
the jury to be removed to some convenient place in the neighbourhood of
the Court
during the said adjournment, under the charge of a proper officer of the
Court.
[Proviso added by Ordinances Nos. 7 of 1868 and 8 of 1872.]
24. If during the trial of any action, indictment, or information, any
one or any
two of the said jurors shall he disabled by death, illness, or bodily
infirmity from serving
on the jury, it shall be lawful for the Court in its discretion to order
the trial of such
action, indictment or information, to be proceeded with in like manner as
if the full
number of jurors had continued to serve on the jury, end any verdict
returned by the
remaining jurors, or by a majority, shall be of equal validity and leave
the same force
and effect as if it had been returned by a jury consisting of the full
number of seven
jurors: Provided always that in capital cases the remaining jurors must
be unanimous
in their verdict in order to warrant sentence of capital punishment being
passed on the
prisoner; but if he be found guilty of a crime less than the capital cue
on which he is
arraigned, then sentence shall follow the finding of such majority ;
Provided always,
that it shall be lawful for the Court, instead of proceeding with the
trial with the
remaining jurors, to cause a new jury to be empanelled, sworn and charged
with any
prisoner; and the action, indictment or information shall be tried as if
such first jury
had not been ixnpanelled.
III Vasc Jury 25. Whenever the jury in any case has withdrawn, and been
kept apart for the
.cauuoGnqrcu
oiron verdict. purpose of considering their verdict, and shall not lave
returned the same before all
the other cases for trial at the same sittings or sessions shall have
been disposed o£,
r
mind when it stall sufficiently appear' 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 sucli jury, and shall cause a. new jury to be empanelled and
sworn and charged
with any prisoner, and the action, indictmexit or~nforniatiou shall be
tried as if such
fist jury had not been empanelled.
26. The verdict of the jury or majority as'loreMnhefore mentioned sh~,ll
in a$1..,!i
cases be given by the; foreman, in open Court, and ~n tlye presence of
all the jury, and if
:x criminal proceeding in the presence of the prisoner, Aid shall
thereuponbe recorded
by the Registrar of the Court; and the Registrar shall, before taking the
verdict, ask
if they are dal or by what majority agreed thereon, and whether they find
for the plaintiff
or for the defendant, and in the case of a prisoner, whether, thoy find
such prisoner
'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
ORDINANCE No. 11 of 1.864.
Jury.
verdict finding the facts of the case: Provided always, that the jury may
acquit any
prisoner of a part of the charge against him, and find him guilty of the
remainder.
27. On all inquests to be held by the coroner, no greater number than
three jurors
shall be necessary. [Repealed by Ordinance No. 17 of 1888.]
28. When any person shall have been duly summoned to attend as a juror by
the coroner, and shalt fail or neglect to attend at the time and place
specified in such
summons, it shall be lawful for the coroner to cause such person to be
openly called in
leis Court three times, to appear and serve as a juror, and upon the
non-appearance of
such person, and proof that such summons has been served upon him, or
left at his
Iisual place of abode, to impose such,fine upon the person so making
default not
exceeding fifty dollars as to the coroner shall seem fit; and tile
coroner shall inal:e
out and sign a certificate, containing the name and surname, the
residence and trade or
calling of every person so making default, together with the amount of
the fine which
shall have been imposed and the cause of such fine, and shall transinit
such certificate
to one of the Police Magistrates, who shall cause a copy of such
certificate to be served
upon the person so fined, by having it left at his usual place of
residence, or by
sending the same throughf the Post Office, addressed as aforesaid, and
thereupon such
lllagistrate shall cause such fine to be levied according to the
provisions of Ordinance
No. IO of 1844, in the same manner as if the said fine had been imposed
by himself.
[Repealed by Ordinance No. 17 of 1888.]
29. This Ordinance may be cited for all purposes as !° The Jury Law
Consolidation. ~h~t title.
Ordinance, 1864.'--
C:mouer's,inry
to consist of
three.
Any person duly
summoned as a
inter not
attending liable
to a penalty not
e-Neeeding fifty
dollars.
Coroner to mane
out otertiilcato
of name, &c., of
the defaulter to
be transmitted to
it Police
ItTagistrate.
How cup? of
certificate to he
served and
penauy lc'iea.
Date of Vi-dinance.
No. b of 1847.
No. 4 of 1851.
No. 3 of 1855.
No. 7 cs? 1857.
10. 3 of 18:18.
No. :: of 1880.
No. 4 of 1862.
SCHEDULE (A.)
ORDINANCES TO BE REPEALED.
Title of Ordinance.
An Ordinance for regulating Juries at Coroner's
Inquests ...............................................................
An Ordinance to repeal the Ordinances No. 7 of
1845, entitled ' An Ordinance for the Regulation of
Jurors and Juries,' anti \TO. 4 of 1849, passed for the
amendment thereof, and to consolidate and amend the
Enactments relating to Jurors and Juries ,
An Ordinance to remove doubts aq to the legality
of the Jury List to bin force from the first day of March
1855, and for enabling the Sheriff to render names with
greater accuracy in future hilts .................................
An Ordice ,for amending the Laws relating to
Juries and h7valence ................................................
An Ordinance for the Supreme Court ..................
An Ordinance to amend the haw relating to Jurors
and Witnesses An Ordinance to amend Ordinance No. I of 1851,
and to increase the Jury Panel to thirty .....................
Extent of Repeal.
The whole Ordinance.
The whole OI'd1I1q11(:U.
The whole Ordinance.
So much of section
9 as relates to section
5 of Ordinance No. 4
of 1851, and to sec-
tions B and 7 of the
same Ordinance.
Section
Sections b t G.
The whole Ordinance.
No. 11 of 1864.
Jury.
SCHEDULE (B.)
SUMMONS TO JUHOItS.
Mr. A.13.
You are hereby summoned to appear as a juror at the Supreme Court to be
Icoldeu at
in this Colony on the day of next at the hour of o'clock in the
forenoon, and theta to attend from day to clay until you shall be
discharged from the Court.
(signed) C.D.,
~°~regwcrar^ ae * Sheriff.
wwzmettded by .
t~ ~- nm.zs°f 1~:J3.-The penalty for disobedience hereto is any sum not
exceeding one bunched dollars.
[All sections remaining unrepealed repealed by Ordinance IYo. 18 of 1887 except
sections 27 and 28 which were subsequently repealed as above noted.]
Title.
Preamble.
Ordinance repealed.
All questions of fact except &c., to be decided by a jury of seven.
Verdict of majority to be verdict of jury unless in capital cases where unanimity is requiste.
Who qualifiied to serve as jurors.
Names of residents to be given to sheriff in demand for the purpose of forming jury list.
Penalty how leived.
Disposal of fines.
Disposal of fines.
Sheriff to make out jury list and transmit same to registrar, who shall forward the same through the clerk of the Councils to the Governor and Legislative Council for approval or alternation.
Jury list.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than twenty-four. [See Ord. No. 8 of 1872.]
persons in the general jury list, who shall be liable to serve as special jurors.
[See Ord. No. 8 of 1872.]
Power to the Court to exempt jurors.
No challenge except for cause.
As to new jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Coroner's jury to consist of three.
Any oerson duly summmoned as a juror not attending liable to a penalty not exceeding fifty dollars.
Cornor to make out certificate of name, &c., of the defaulter to be transmitted to a Police Magistrate.
How copy of certificate to be served and penalty leived.
Short title.
672
['Registrar' as amended by Ordinance No. 24 of 1882.]
Jury..
No. 11 of 1864.
Title. An Ordinance for consolidating and ameudinr the Laws relative to
Jurors and Juries.
[13th September, 1864.
Preamble.
onllaanres
repeelled.
'WHEREAS the lays relative to the summoning of jurors and the formation of
juries are numerous and complicated, and it is expedient to consolidate
and
simplify-, the salve, and in some respects to amend the said laws: Be it
enacted by His
Excellency the Governor of Hongkong, with tile advice of the Legislative
Council
thereof, as follows:-
1. The several Ordinances and parts of Ordinances set forth in schedule
(A) to
this Ordinance annexed, are hereby, repealed to the extent to which the
salve are by
such schedule expressed to be repealed, except as to the now existing
'Jurors' List,'
which shall continue in force until the first day of March now next
ensuing, and except
as to anything done or fine incurred before the coming into operation of
this
Ordinance.
Ail questions of 2. All questions of fret, whether of a civil or criminal
nature, upon which issue.
Met except &c.,
cone decided ay shall be taken in the course of guy proceeding. in the
Supreme Court, or before [the
ajury of sevca.
slaeri, f: Repealed by Ordinance No. 24 of 188 and the word 'any'
substituted] Commissioner
or other officer of the same, and all questions of idiotcy, lunacy and
unsoundness of
mind shall, except in cases otherwise provided for, 1>e tried by a jury
of seven men.
veralct of 3, In the event of any of the jurors dissenting from the
residue, the verdict of
wujority to bo
vordlet
unlessinfcvpiy capital
Casa a majority shall be held and deemed to all intents and purposes to be
the verdict of
anmlmlty'is the jury; Provided always, that if any person be arraigned for
guy offence visited by
rcypls9te, the law with capital punishment, then and in such case the jury
must be unanimous
in their verdict of guilty, but if such majority should find such person
guilty of a
less crime than the capital one, then sentence of law shall follow the
verdict of the
~' majority.
woo qaali8ed to 4. Every male person between the ages of twenty-one and
sixty years, being of
nerve as. jarors.
sound mind, and not afflicted with deafness, blinclpess, or other
infirmity, who shall be
a good and sufficient person resident within the Colony, shall be
qualified and liable t
serve as a° juror: Provided, that no Member o2 mtpte,Colonial Councils,
laox persolr--
hblding guy office or situation of emolument undter tlae Crown, nor
salaried Foreign
Functionaries of Foreign Governmelsts not carrying A business, nor any
barrister,
physician, attorney, or surgeon actually practising as such within the
Colony, nor any
chemist or,dlruggist carrying on his business therein, nor any clergyman
or dissenting
minister, nor any officer employed in the Military or Naval Service of
Her Majesty,
nor any person ignorant of the English language, shall be, or be deemed
liable to serve
as a juror.
ORDINANCE No. 11 or 1864.
Jury.
g. Every person on demand by the sheriff, or some person duly authorized
by
bim, shall deliver in writing to the sheriff or authorized person as
aforesaid, his
Christian or other names, and the surname or names at full length, under
penalty of
his refusing or neglecting so to do of a sum not exceeding one hundred
dollars.
[Repealed by Ordinance No. 24 of 1882 and new section substituted.]
6. Such fine shall be imposed and levied at the discretion and under
order of the rvlntit,-iitt,.
lccied.
Supreme Court., on complaint made by the sheriff ['Registrar' as
aqne?ided by Ordinance
No. 24 of 1882] to the said Court in that behalf.
7. A11 fines so levied shall be paid into the hands of the Registrar of
the Supreme
Court, and by him accounted for to the Colonial Treasurer.
S. The sheriff shall make a list in alphabetical order of all men who
shall be
-qualified to serve as jurors, setting forth the Christian or other names
and surnames
of each at full length, together with his place of abode, and shall sign
and transmit it
copy of such list to the Registrar of the Supreme Court, who shall
thereupon cause a
copy of such list to be posted for the term of one fortnight, on or in
some conspicuous
part of the Court House, to the end that the inhabitants of the Colony
may, as the
case shall be, apply by notice in writing to the Registrar, requiring
that their namhs
may be respectively either added to or struck oft from the said list,
upon cause duly
assigned in such notice; and the Registrar immediately after the
aspiration. of the time
for posting such list, shall forward the same, and such notices as may be
so served on
him, to the clerk of the Legislative Council, to the end that the
Governor with the
advice of the Council (and he and they are hereby empowered so to do) may
stripa,bff
or add such name or navies from among those of the said inhabitants as to
the said
Governor and Council may appear fit, and the said list when so approved
of, or altered,
-shall be returned to the Registrar by the clerk of the Council and
called the 'Jurors'
List.' [Repealed by Ordinance No. 24 of 1882 and new section substituted.]
9. Every jury list in force within the Colony shall contain the surnames
of all Jttrylist:
men who shall be qualified and liable to serve on juries, together with
the Christian or
other names by which such persons are usually known, whether such names
shall have '
been delivered in writing in accordance with the provisions in section
five, [Amenuted
by Ordinance No. 24 of 1882] or have been inserted therein [by the
sheriff, or: Repealed
.by Ordinance No. 24 of 1882] by the governor and Legislative Council.
1
. 10.1If the sheriff or othe;n?irioter, or officer; shall wilfully insert
or omit in the
-list of jurors the name of any~,max, which ought not to be so inserted
or ornitted
according to the list of jurors bo to be made out as aforesaid, or shall
fail to sign and
transmit a correct copy of such list to the Registrar as hereinbefore
directed, or shall
otherwise fail well and truly to do and perform all and every the acts,
rAatters :end
things, hereby required to be by him performed, such sheriff or other
minister, or
-officer, shall be fined at the discretion of the Court. [Repealed by
Ordinance No. 24 of
z:,uneo nr re=-
identstnbegiaen ;,
to slierl IT on
demand fn. rnn
pnrpose of form-- h Jury ft'L.
nla.a,l .,t
sltcrilT to nutkt
ont,)m;v list noU
tro.n3mit wn,o
to Registrar, vrho
shall 1orwnrd fly
sttW o trwoo;at
tile vierh of the
l'.onncits to TIM-
t:overnor and
i,eb;snti,,
<',onocil for
:tpPr,t,.al ot'
nnetntitt.
1'onaltc nn shnrifl
1,n1' IICRIett of
-6~8 ORDINANCE No. VI of 1864.
Jury.
Jury list to pe in use for one 11. On or before the first day of February
in each year, the sheriff shall make out
year. and transmit a fresh jury list, in manner and form as hereinbefore
directed; and such
' fresh jury list, when so transmitted, and approved of or altered as
aforesaid, shall ba
brought into use the first day of March then next following, and shall
continue to be
used for one year. [.Repealed by Ordinance No. 24, of 1882.]
Dnannerofform 12, When the list shall be completed and returned to the
Registrar, he shall
ing panel. jury cause the names therein to be written on separate cards
and placed in a ballot box to
`~> -' - be kept for that purpose, and whenever it shall be requisite to
summon a jury, the
sherif shall attend at the Registrar's ofce and, in the presence of him or
his deputy,
['a Deputy Registrar shall in the presence of the Registrar' as amended by
Ordinance
No. 24 of 1882] draw from the said bog eighteen, and at criminal sessions,
thirty
of the said names to form a panel, and the cards so drawn shall thereupon
be locked
up in a separate bog therein to remain until the entire of the names in
the ballot box
shall be exhausted by subsequent panels, when all the names of the jurors
shall be
returned to the ballot bog, if required, for the purposes of the current
year, and in
5 such case the names shall again be redrawn in manner aforesaid. [Proviso
added by
Ordinance No. 7 of 1868.]
Tor summoning 13. The sharii f [' The Registrar' as amended by Ordinance
No. 24 of 1882] shall,.
juries.
m before the sitting of any Court whereat a jury shall be necessary, issue
summonses ac-
cording to the form in the schedule (B,) hereunto annexed, requiring the
attendance
thereat thereat of the persons so drawn from the ballot boa, and every
such summons shall be
personally served upon, or left at the usual place of abode of the person
so summoned
two clear days before the day appointed for the sitting of the Court.
->'` panel. 14. The sheriff shall also, at the same time, cause to be
delivered to the Registrar,
Deputy Registrar or clerk of the Court, a panel containing the names,
places of abode,
and additions, of the persons so summoned. [Repealed by Ordinance No. 24
of 1882 and
Jltry to Ire
balloted for.
Governor an (l
Council to mark
off the names of
not less than
nrenty-four.
[Rre Ord. No. 8 of
new section substituted.]
Penalty for
non-attendance. 15. If any juror having been duly served with such
summons, shall fail to attend,
or being present shall not appear when called, or after appearance shall
withdraw
himself without the permission of the Court, the Court shall, unless some
reasonable
excuse be proved on oath or affidavit or otherwise to the satisfaction of
the Court, set
upon the person so making default such fine, not exceeding the sum of one
hundred
dollars, as to the said Court shall seem meet.
16. At the sitting of the Court the names''of all the jurors summoned
shall be,~
written on,separate pieces of card of equal size alld put into a box, and
the 13egistrart~
Deputy Registrar or clerk of the said Court shall, in open Court, drag
therefrom until
seven jurorsappear, who, after all just causes of challenge Nllowed,
ahahremain as fair and
indifferent, and the same shall be dune whenever it shall be necessary to
form anew jury.
1'r. When and so often as the list of jurors shall have been transmitted
by the
Registrar in manner aforesaid to the Governor and Legislative Council, he
and they
shall mark off, and designate with the term, ' Special Juror,' not less
than twenty-
four of the names contained in the list, and the names of such speoial
jurors shall be
ORDINANCE No.'-- 11 .bg I$64.
formed into a separate list; and i either the plaintiff or the defendant
in any suit or
action, or the prosecutor or defendant in any indictment or information
other than for
treason or felony, shall be desirous of having such suit or action,
indictment or infor-
mation, tried by a special jury, (such special jury to consist of seven
men so marked or
designated as aforesaid,) it shall be lawful for the Court to order and
appoint a special
jury to be struck 1>y the Registrar, and summoned in the manner provided
with respect
to common jurors; Provided thatthe party applying for such special jury,
and coke shall
have obtained a rule or order of the (:oust for that purpose, shall, on
entering the cause
for trial, deposit with the Registrar or other officer of the Court, a
sum sufficient to cover
the expenses of the special jury; otherwise the rule or order of Court to
be of no
effect. And it is hereby further provided, that special jurors shall be
exempt from
serving on any common jury, and that the verdict of every special jury
shall be subject
to the said provisions respecting majorities, as if it were a common jury.
persons In the
general jury list,.
who shall be
liable to serve -
as special lurnra.
[See lhd, do. 8
UT 187?.]
18. Nothing herein contained shall prevent the Court Front evemptinn in
its Power to the
(',ours to exempt
discretion any person or persons from serving as a juror on ally trial,
or from removing j
''''r^
their names from the list of jurors, on cause being shewn for so doing.
19. No person who shall be put upon his trial either for treason, felony,
or ro Challenge
except. for cause.
misdemeanour, shall be allowed to challenge any of the jurors except for
cause.
20. Whenever there shall be a deficiency of jurors, it shall be lawful
for the Court,.
at the prayer of either of the parties in the cause; with or without tile
consent of the
opposite party, to put upon the jury so many good and lawful men of the
bystanders,
as shall be sufficient to make up the full number thereof.
h-
21. The names of the persons sworn as common jurors in manner aforesaid,
shall
be marked on the list; and those names so drown shall be kept apart by
themselves
until all the names in the ballot box shall have boon drawn: Provided
always, that if
any case shall be brought on to be tried in the Court before the jury in
any other case
shall 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 fur the trial of the
case which shall
be so brought on to be tried: Provided also, that where no objection
shall be made on
behalf of the plaintiff or prosecutor, or on behalf of the defendant or
prisoner, it shall
1>e lawful for the Court to try any case with the salve jury that shall
have previously
tried, or been drawn to try any other case, or to order the name of any
person on such
jury, whom both parties may consent,to withdraw or who may be justly
challenged of
excused bov the G`ourt, to be set aside and another name to be drawn from
the bog, and
`4o''try the case with the residue,,pf s-zldh original jury, and with
such person 'orpersons
rwhose name or names shall be, so drawn and who shall appear and be
approved as
indifferent, and so as often and as long an any case remains to be tried.
22. After the jury in any case shall have been sworn, or charged with any
prisoner
they shall be kept in some convenient place in Coprt apart by
themaelves,,~until the
Chief Justice or other presiding Judge has summed up the evidence aver
has left the
case with 'the jury, and if any such jury shall desire to withdraw for
the purpose, of
considering their verdict, then they shall be kept by an officer of the
Court in some
ns to revs jurl-
for new ca.e;~.
Ilow Jury when
sworn or charged
with any
prisoner, to be
kept.
Ifcrw jury to he
kept When
necessary to
adjourn the
court.
Proyision in case
of death or
'tisriniltty ofJarer.
ORDINANCE No. 11- of 1864.
Jury..
convenient place apart by themselves until they are agreed upon their
verdict, or be
discharged therefrom by the Court; and the officer shall be sworn that he
will suffer
none to have access to them, or speak to them, and that he will not speak
to them himself
except to ask whether they are agreed upon their verdict, or to
communicate between
them and the Court. [Repealed by Ordinance No. 7 of 1868 crud new section
substituted.
Repeated also by Ordinance No. 8 of 1872 and fresh section. szebstituted.]
23. Whenever it may be necessary for the Court to adjourn the further
sitting
of the Court during the trial of any case, it shall be competent to the
Court to direct
the jury to be removed to some convenient place in the neighbourhood of
the Court
during the said adjournment, under the charge of a proper officer of the
Court.
[Proviso added by Ordinances Nos. 7 of 1868 and 8 of 1872.]
24. If during the trial of any action, indictment, or information, any
one or any
two of the said jurors shall he disabled by death, illness, or bodily
infirmity from serving
on the jury, it shall be lawful for the Court in its discretion to order
the trial of such
action, indictment or information, to be proceeded with in like manner as
if the full
number of jurors had continued to serve on the jury, end any verdict
returned by the
remaining jurors, or by a majority, shall be of equal validity and leave
the same force
and effect as if it had been returned by a jury consisting of the full
number of seven
jurors: Provided always that in capital cases the remaining jurors must
be unanimous
in their verdict in order to warrant sentence of capital punishment being
passed on the
prisoner; but if he be found guilty of a crime less than the capital cue
on which he is
arraigned, then sentence shall follow the finding of such majority ;
Provided always,
that it shall be lawful for the Court, instead of proceeding with the
trial with the
remaining jurors, to cause a new jury to be empanelled, sworn and charged
with any
prisoner; and the action, indictment or information shall be tried as if
such first jury
had not been ixnpanelled.
III Vasc Jury 25. Whenever the jury in any case has withdrawn, and been
kept apart for the
.cauuoGnqrcu
oiron verdict. purpose of considering their verdict, and shall not lave
returned the same before all
the other cases for trial at the same sittings or sessions shall have
been disposed o£,
r
mind when it stall sufficiently appear' 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 sucli jury, and shall cause a. new jury to be empanelled and
sworn and charged
with any prisoner, and the action, indictmexit or~nforniatiou shall be
tried as if such
fist jury had not been empanelled.
26. The verdict of the jury or majority as'loreMnhefore mentioned sh~,ll
in a$1..,!i
cases be given by the; foreman, in open Court, and ~n tlye presence of
all the jury, and if
:x criminal proceeding in the presence of the prisoner, Aid shall
thereuponbe recorded
by the Registrar of the Court; and the Registrar shall, before taking the
verdict, ask
if they are dal or by what majority agreed thereon, and whether they find
for the plaintiff
or for the defendant, and in the case of a prisoner, whether, thoy find
such prisoner
'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
ORDINANCE No. 11 of 1.864.
Jury.
verdict finding the facts of the case: Provided always, that the jury may
acquit any
prisoner of a part of the charge against him, and find him guilty of the
remainder.
27. On all inquests to be held by the coroner, no greater number than
three jurors
shall be necessary. [Repealed by Ordinance No. 17 of 1888.]
28. When any person shall have been duly summoned to attend as a juror by
the coroner, and shalt fail or neglect to attend at the time and place
specified in such
summons, it shall be lawful for the coroner to cause such person to be
openly called in
leis Court three times, to appear and serve as a juror, and upon the
non-appearance of
such person, and proof that such summons has been served upon him, or
left at his
Iisual place of abode, to impose such,fine upon the person so making
default not
exceeding fifty dollars as to the coroner shall seem fit; and tile
coroner shall inal:e
out and sign a certificate, containing the name and surname, the
residence and trade or
calling of every person so making default, together with the amount of
the fine which
shall have been imposed and the cause of such fine, and shall transinit
such certificate
to one of the Police Magistrates, who shall cause a copy of such
certificate to be served
upon the person so fined, by having it left at his usual place of
residence, or by
sending the same throughf the Post Office, addressed as aforesaid, and
thereupon such
lllagistrate shall cause such fine to be levied according to the
provisions of Ordinance
No. IO of 1844, in the same manner as if the said fine had been imposed
by himself.
[Repealed by Ordinance No. 17 of 1888.]
29. This Ordinance may be cited for all purposes as !° The Jury Law
Consolidation. ~h~t title.
Ordinance, 1864.'--
C:mouer's,inry
to consist of
three.
Any person duly
summoned as a
inter not
attending liable
to a penalty not
e-Neeeding fifty
dollars.
Coroner to mane
out otertiilcato
of name, &c., of
the defaulter to
be transmitted to
it Police
ItTagistrate.
How cup? of
certificate to he
served and
penauy lc'iea.
Date of Vi-dinance.
No. b of 1847.
No. 4 of 1851.
No. 3 of 1855.
No. 7 cs? 1857.
10. 3 of 18:18.
No. :: of 1880.
No. 4 of 1862.
SCHEDULE (A.)
ORDINANCES TO BE REPEALED.
Title of Ordinance.
An Ordinance for regulating Juries at Coroner's
Inquests ...............................................................
An Ordinance to repeal the Ordinances No. 7 of
1845, entitled ' An Ordinance for the Regulation of
Jurors and Juries,' anti \TO. 4 of 1849, passed for the
amendment thereof, and to consolidate and amend the
Enactments relating to Jurors and Juries ,
An Ordinance to remove doubts aq to the legality
of the Jury List to bin force from the first day of March
1855, and for enabling the Sheriff to render names with
greater accuracy in future hilts .................................
An Ordice ,for amending the Laws relating to
Juries and h7valence ................................................
An Ordinance for the Supreme Court ..................
An Ordinance to amend the haw relating to Jurors
and Witnesses An Ordinance to amend Ordinance No. I of 1851,
and to increase the Jury Panel to thirty .....................
Extent of Repeal.
The whole Ordinance.
The whole OI'd1I1q11(:U.
The whole Ordinance.
So much of section
9 as relates to section
5 of Ordinance No. 4
of 1851, and to sec-
tions B and 7 of the
same Ordinance.
Section
Sections b t G.
The whole Ordinance.
No. 11 of 1864.
Jury.
SCHEDULE (B.)
SUMMONS TO JUHOItS.
Mr. A.13.
You are hereby summoned to appear as a juror at the Supreme Court to be
Icoldeu at
in this Colony on the day of next at the hour of o'clock in the
forenoon, and theta to attend from day to clay until you shall be
discharged from the Court.
(signed) C.D.,
~°~regwcrar^ ae * Sheriff.
wwzmettded by .
t~ ~- nm.zs°f 1~:J3.-The penalty for disobedience hereto is any sum not
exceeding one bunched dollars.
[All sections remaining unrepealed repealed by Ordinance IYo. 18 of 1887 except
sections 27 and 28 which were subsequently repealed as above noted.]
Title.
Preamble.
Ordinance repealed.
All questions of fact except &c., to be decided by a jury of seven.
Verdict of majority to be verdict of jury unless in capital cases where unanimity is requiste.
Who qualifiied to serve as jurors.
Names of residents to be given to sheriff in demand for the purpose of forming jury list.
Penalty how leived.
Disposal of fines.
Disposal of fines.
Sheriff to make out jury list and transmit same to registrar, who shall forward the same through the clerk of the Councils to the Governor and Legislative Council for approval or alternation.
Jury list.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than twenty-four. [See Ord. No. 8 of 1872.]
persons in the general jury list, who shall be liable to serve as special jurors.
[See Ord. No. 8 of 1872.]
Power to the Court to exempt jurors.
No challenge except for cause.
As to new jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Coroner's jury to consist of three.
Any oerson duly summmoned as a juror not attending liable to a penalty not exceeding fifty dollars.
Cornor to make out certificate of name, &c., of the defaulter to be transmitted to a Police Magistrate.
How copy of certificate to be served and penalty leived.
Short title.
672
['Registrar' as amended by Ordinance No. 24 of 1882.]
Abstract
Title.
Preamble.
Ordinance repealed.
All questions of fact except &c., to be decided by a jury of seven.
Verdict of majority to be verdict of jury unless in capital cases where unanimity is requiste.
Who qualifiied to serve as jurors.
Names of residents to be given to sheriff in demand for the purpose of forming jury list.
Penalty how leived.
Disposal of fines.
Disposal of fines.
Sheriff to make out jury list and transmit same to registrar, who shall forward the same through the clerk of the Councils to the Governor and Legislative Council for approval or alternation.
Jury list.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than twenty-four. [See Ord. No. 8 of 1872.]
persons in the general jury list, who shall be liable to serve as special jurors.
[See Ord. No. 8 of 1872.]
Power to the Court to exempt jurors.
No challenge except for cause.
As to new jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Coroner's jury to consist of three.
Any oerson duly summmoned as a juror not attending liable to a penalty not exceeding fifty dollars.
Cornor to make out certificate of name, &c., of the defaulter to be transmitted to a Police Magistrate.
How copy of certificate to be served and penalty leived.
Short title.
672
['Registrar' as amended by Ordinance No. 24 of 1882.]
Preamble.
Ordinance repealed.
All questions of fact except &c., to be decided by a jury of seven.
Verdict of majority to be verdict of jury unless in capital cases where unanimity is requiste.
Who qualifiied to serve as jurors.
Names of residents to be given to sheriff in demand for the purpose of forming jury list.
Penalty how leived.
Disposal of fines.
Disposal of fines.
Sheriff to make out jury list and transmit same to registrar, who shall forward the same through the clerk of the Councils to the Governor and Legislative Council for approval or alternation.
Jury list.
Penalty on sheriff for neglect of duty.
Jury list to be in use for one year.
Manner of forming panel.
For summoning juries.
Panel.
Penalty for non-attendance.
Jury to be balloted for.
Governor and Council to mark off the names of not less than twenty-four. [See Ord. No. 8 of 1872.]
persons in the general jury list, who shall be liable to serve as special jurors.
[See Ord. No. 8 of 1872.]
Power to the Court to exempt jurors.
No challenge except for cause.
As to new jury for new cases.
How jury when sworn or charged with any prisoner, to be kept.
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
Coroner's jury to consist of three.
Any oerson duly summmoned as a juror not attending liable to a penalty not exceeding fifty dollars.
Cornor to make out certificate of name, &c., of the defaulter to be transmitted to a Police Magistrate.
How copy of certificate to be served and penalty leived.
Short title.
672
['Registrar' as amended by Ordinance No. 24 of 1882.]
Identifier
https://oelawhk.lib.hku.hk/items/show/198
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 11 of 1864
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“JURY LAW CONSOLIDATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 10, 2025, https://oelawhk.lib.hku.hk/items/show/198.
