JURY ORDINANCE

JURY ORDINANCE

LAWS OF HONG KONG

JURY ORDINANCE

CHAPTER 3





CHAPTER 3

JURY ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ...........................2

2. Interpretation ........................2
3. Number of jurors on trial ........................ 2
4. Qualifications and disabilities ..................................... 2

4A...............Supply of information .............................
............................................. 3

5. Exemptions from service ...............3
6. Want of qualification to be ground of challenge but not of avoiding trial 5

7. Provisional list of common jurors ................................................................. 6

8. Provisional list of special jurors .............. ............... 6

9. Settlement of lists of jurors .........6
10...........Publication and bringing into operation of lists of jurors 7
11.................Power to add to settled list of common jurors 8
12........................Power to remove from jury lists 8
13......................Formation of panel of common jurors 8
14............................Panel of special jurors 9

15.................Juries in civil actions ............................................. 9
16.................Passing over names for panel ............................................. 9
17.................Summoning of jurors .................. 10

18.......................Making of list of jurors summoned 10
19.........................Special jury in criminal case 10
20...............Special powers of judge as to composition of jury 10
21................................Ballot for jury 11
22.............................Keeping jury together 11
23.......................Empanelling new jury for new case 11
24................................Majority verdict 12

25.................Death or discharge of juror ..................................................... 13

26.............................Mode of giving verdict 14
27.....................Case of jury not agreeing upon verdict 14
28.......................Power of the court to exempt juror 14

29.................Challenge of jurors by accused ...................................... 15

30............Talesmen ..........................
.................................................................... 15

31...............................Payment of jurors 15
32....................Fining of juror for non-attendance, etc . 15

33. Punishment of employer discriminating against employee by reason of jury

service ..............................16
34................................Levying of fines 16
35.........................Inspection of property by jury 16
36...............Declaration by non-Christian juror in lieu of oath 17
37............Application of law of England in cases not provided for 17
38.....................................Rules 17







Schedule...................................Forms ..................................................................................
...........................................is





CHAPTER 3

JURY

To amend and consolidate the law relating to jurors..

[1 June 18871

Originally 18 of 1887 (Cap. 3,1950) 2 of 1860,3 of 1894,18 of 1901,19 of 1911,50 of 1911,51
of 1911,62 of 1911,63 of 1911,8 of 1912,21 of 1912,22 of 1912,26 of 1914,21 of 1917,5
of 1924, 8 of 1929,30 of 1933,23 of 1934,21 of 1935,31 of 1936,27 of 1937, 1 of 1940,2
of 1946,37 of 1947, 49 of 1947, 12 of 1948, 20 of 1948, 9 of 1950, 22 of 1950, 24 of
1950, 32 of 1950, 32 of 1952,6 of 1955,33 of 1955, 2 of 1959, 39 of 1960, 28 of 1962,5
of 1964,12 of 1966, 57 of 1967, 29 of 1969, 3 of 1971, 72 of 1973, 55 of 1978, 79 of
1979, 64 of 1984, 3 of 1986, 67 of 1987, 37 of 1988

Short title

1. This Ordinance may be cited as the Jury Ordinance.

(Amended, 5 of 1924, s. 6)

Interpretation

2. In this Ordinance, unless the context otherwise requires

'Commissioner' has the same meaning as in the Registration of Persons Ordinance
(Cap. 177); (Replaced, 37 of 1988, s. 2)

'court' means the High Court;

'Registrar' means the Registrar of the Supreme Court.

(Added, 5 of 1924, Schedule)

Number of jurors on trial

3. 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 consist of 7 persons
except where the court or the judge before whom any such trial or inquiry is or may
be heard, orders that the jury shall consist of 9 persons.

(Amended, 37 of 1947, s. 2 and 3 of 1986, s. 2)

Qualifications and disabilities

4. Every person between the ages of 21 and 65 years, being of sound mind and
not afflicted with deafness, blindness, or other such infirmity, who is a good and
sufficient person resident within Hong Kong, and who has a knowledge of the
English language sufficient to enable him to understand the evidence of witnesses,
the address of counsel and the Judge's summing up, shall be qualified and liable to
serve as a juror, subject to the exceptions hereinafter provided. Notwithstanding
anything herein contained it shall be lawful for the court of its own motion or on the
application of the Registrar or of any party interested to discharge any person
summoned to serve as a juror who is unable to satisfy the court or Registrar that his
knowledge of the English language is sufficient for the purposes aforesaid.

(Amended, 37 of 1947, s. 3; 32 of 1950, s. 2; 64 of 1984, s. 2 and 37 of
1988,s.13)





Supply of information

4A. (1) The Registrar or the Commissioner may, by notice in writing, require
any person specified in the notice who possesses that information, to supply him, in
such manner and within such time as may be so specified, with

(a)the name and the number of the identity card of any person who has
passed or obtained such grade of pass in any English language
examination or part thereof as may be specified;

(b)such information as he considers necessary to enable him to determine
whether any person has a knowledge of the English language sufficient for
the purposes set out in section 4.

(2) Notice under subsection (1) may be given to the person in question by

(a) delivering it to him;

(b) leaving it at his last known address; or

(c) sending it by post to his last known postal address.

(3) Any person who-

(a)without reasonable excuse, fails to comply with a requirement under
subsection (1); or

(b)in purported compliance with any such requirement, knowingly supplies
any information which is false in a material particular,

shall be guilty of an offence and liable to a fine of $5,000 and to imprisonment for 3
months.

(Added, 64 of 1984, s. 3)

Exemptions from service

5. The following persons shall be exempt from service as jurors-

(Amended, 51 of 1911; 63 of 1911, Schedule and 28 of 1962, s. 3)

(a)members of the Executive or Legislative Council; (Replaced, 8 of 1912, s.
29. Amended, 67 of 1987, s. 2)

(aa) members of the Urban Council and members of the Regional Council;
(Replaced, 37 of 1988, s. 3)

(ab) justices of the peace; (Added, 64 of 1984, s. 4)

(b) any public officer who is-

(i) a judge, deputy judge, District Judge, deputy District Judge,
Registrar, Deputy Registrar, Assistant Registrar, coroner or magistrate;

(ii) a presiding officer, adjudicator or member of any tribunal
established by law;

(iii) an officer or member of the staff of any court or tribunal established
by law, if his work is mainly concerned with the day to day administration
of the court or tribunal;

(iv) appointed to and serving in Hong Kong as a legal officer;





(v) serving in the Legal Department, the Registrar General's Department
or the Legal Aid Department;

(vi) a member of the Royal Hong Kong Police Force, the Immigration
Service, the Customs and Excise Service or the Fire Services Department,
including a person holding any post specified in the Seventh Schedule to
the Fire Services Ordinance (Cap. 95);

(vii) an officer of the Correctional Services Department;

(viii) an officer or member of the Royal Hong Kong Auxiliary Air Force;

(ix) the Commissioner, Deputy Commissioner or an officer of the
Independent Commission Against Corruption;

(x) carrying out duties in the Royal Hong Kong Police Force, the
Immigration Department, the Customs and Excise Department, the Fire
Services Department, the Correctional Services Department, the Royal
Hong Kong Auxiliary Air Force or the Independent Commission Against
Corruption;

(xi) serving in a training or apprentice rank; (Replaced, 64 of 1984,s.4)

(xii) appointed as the principal probation officer, or as a probation
officer, under the Probation of Offenders Ordinance (Cap. 298); or (Added,
37 of 1988, s. 3)

(xiii) a social worker employed full-time in any reformatory school
established under the Reformatory Schools Ordinance (Cap. 225), any
place of detention appointed under the Juvenile Offenders Ordinance
(Cap. 226), or any approved institution within the meaning of the
Probation of Offenders Ordinance; (Added, 37 of 1988, s. 3)

(e)consuls, vice-consuls, and officers of equivalent status, of foreign
governments and such salaried functionaries of such governments as are
nationals of such governments and are not carrying on business in Hong
Kong, and the spouses and dependent children of such persons;
(Replaced, 6of 1955, s. 2. Amended, 9 of 1960,s. 3 and 37 of 1988,s.13)

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

(e)persons duly registered as or deemed to be medical practitioners under the
Medical Registration Ordinance (Cap. 161), persons duly registered as
dentists under the Dentists Registration Ordinance (Cap. 156), members oil
the Royal College of Veterinary Surgeons of Great Britain, and persons
holding the diploma of such British or foreign veterinary institution or
examining body as may be approved by the Governor; (Replaced, 31 of
1936, s. 2. Amended, 1 of 1940, s. 28)

(f)editors of daily newspapers in Hong Kong and such members of their
staffs in respect of whom the Registrar is satisfied that jury service would
disrupt the publication of such newspapers; (Replaced, 6 of 1955, s. 2.
Amended, 37 of 1988, s. 13)

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

(h)clergymen, priests, and ministers of any Christian congregation or Jewish
congregation, functioning in Hong Kong; (Amended, 20 of 1948, s. 4 and 37
of 1988, s. 13)





(i)full time students of any school, college, university, polytechnic, technical
institute, industrial training centre or other educational (including
vocational education) institution; (Replaced, 64 of 1984, s.4)

(j)officers employed on full pay in the naval, military or air services of Her
Majesty; (Amended, 27 of 1937, Schedule)

(k)pilots licensed under the Pilotage Ordinance (Cap. 84), and the master and
members of the crew of any ship; (Replaced, 28 of 1962, s. 3)

(l)pilots, navigators, wireless operators and other full-time members of the
crews of passenger or mail or commercial aircraft; (Replaced, 6 of 1955, s.
2)

(m)members of the Royal Hong Kong Auxiliary Police Force and persons
summoned to act or enrolled or appointed as special constables under any
enactment: (Amended, 29 of 1969, s. 2)

Provided that any person claiming exemption under this paragraph
may be required by the Registrar to produce a certificate from the
Commissioner of Police in proof of such exemption; (Replaced, 2 of 1959,
Second Schedule)

(n)persons who are vowed and full-time members of any religious orders
living in monasteries, convents or other such religious communities;
(Added, 6 of 1955, s. 2. Amended, 64 of 1984, s. 4)

(o) the wife of-

(i) the Chief Justice;

(ii) a Justice of Appeal; and

(iii) a judge of the High Court; (Replaced, 79 of 1979, s. 2)

(p) wives of members of the Armed Forces of Her Majesty serving on full
pay; and (Added, 39 of 1960, s. 3. Amended, 28 of 1962, s. 3)

(q)commissioners, trade commissioners and trade officers of any
Commonwealth Government, and members of the staff of any such
commissioner, trade commissioner or trade officer who are in the full time
employment of a Commonwealth Government and who are not domiciled in
Hong Kong, and the spouses and dependent children of any such person.
(Added, 28 of 1962, s. 3)

Want of qualification to be ground of challenge
but not of avoiding trial

6. 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.

(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule and 63 of 1911,
Schedule)





Provisional list of common jurors

7. (1) As soon as it appears to the Commissioner that any person is-

(a) qualified to serve as a juror under section 4; and

(b) not exempt from service as a juror under section 5,

he shall cause to be served on such person a notice in the form of Form 2 in the
Schedule. (Replaced, 28 of 1962, s. 4)

(2) If any person upon whom a notice has been served in accordance with
subsection (1) considers that he

(a) does not qualify to serve as a juror under section 4; or

(b) is exempt from service as a juror under section 5,

he shall within 14 days after service upon him of such notice, notify the Registrar in
writing to that effect stating the grounds upon which he claims exemption.
(Replaced, 28 of 1962, s. 4. Amended, 37 of 1988, s. 4)

(3) On or before 1 October in each alternate year after the year 1960, the
Registrar shall compile a provisional list of common jurors which shall consist of-
(Amended, 37 of 1988, s. 4)

(a)the name of every person whose name appeared on the last preceding list
of common jurors other than the name of a person who the Registrar has
reason to believe to have died or left Hong Kong permanently; and
(Replaced, 3 of 1971, s. 3. Amended, 37 of 1988, ss. 4 and 13)

(b)subject to the determination of the Registrar upon any claim for exemption
notified in accordance with subsection (2), the names of those persons
upon whom, on or before the last preceding 1 September, the Commissioner
caused a notice to be served in accordance with subsection (1). (Amended,
37 of 1988, s. 4)

(4) For the purpose of subsection (1), service of notice may be effected either
by personal service or by posting the notice addressed to the person to be served
at his last address as known to the Registrar. (Amended, 37 of 1988, s. 4)

(Replaced, 39 of 1960, s. 5)

Provisional list of special jurors

8. On or before 1 October in each alternate year after the year 1960, the
Registrar shall compile a provisional list of special jurors which shall consist of the
names of not more than 350 persons being qualified and liable to serve as jurors, or
such greater number as the Governor may from time to time determine.

(Added, 39 of 1960, s. 5. Amended, 72 of 1973, s. 2)

Settlement of lists of jurors

9. (1) On or before 1 October in each alternate year after the year 1960, the
Registrar shall publish in the Gazette and in one English language daily newspaper
and in one Chinese language daily newspaper, each circulating in





Hong Kong, a notice stating that copies of the provisional list of common jurors and
of the provisional list of special jurors are available for inspection at his office and at
other addresses specified in the notice upon such days and between such hours as
shall be specified in the notice up to and including the next 14 October. (Replaced,
37 of 1988, s. 5)

(2) At any time between such 1 October and such 14 October, any person may
apply by notice in writing addressed to the Registrar requiring that his name, or the
name of any other person, be added to or deleted from either the list of common
jurors or the list of special jurors, as the case may be, for cause duly assigned in
such notice.

(3) On receipt of any application in accordance with subsection (2) relating to
any person whose name appears on the list of common jurors the Registrar shall in
his discretion allow or disallow the application and finally settle such list
accordingly.

(3A) In settling any list under this section the Registrar may, without any
application under subsection (2) in that behalf, remove from the list the name of any
person who he has reason to believe to have died or left Hong Kong permanently.
(Replaced, 3 of 1971, s. 4. Amended, 37 of 1988, s. 13)

(4) As soon as may be after such 14 October, and in any case not later than 1
November next following, the Registrar shall forward to the Chief Secretary the
provisional list of special jurors together with any application relating thereto and
received in accordance with subsection (2) and thereafter the Governor shall
consider such list and in his discretion allow or disallow any such application and
finally settle such list accordingly. (Amended, 72 of 1973, S.2)

(5) Notwithstanding the foregoing provisions of this section, the Governor in
relation to the list of special jurors and the Registrar in relation to the list of common
jurors may adopt as and for the list of special jurors or the list of common jurors, as
the case may be, of the current year, the appropriate list of a previous year.
(Amended, 72 of 1973, s. 2)

(Added, 39 of 1960, s. 5)

Publication and bringing into operation of fists of jurors

10. (1) Not later than 1 February in each alternate year after the year 196 1, the
Registrar shall publish in the Gazette a notice stating that copies of the list of
common jurors as finally settled by him and of the list of special jurors as finally
settled by the Governor may be inspected at his office and at other addresses
specified in the notice upon such days and during such hours as shall be specified
in the notice. (Replaced, 37 of 1988, s. 6)

(2) The list of special jurors and the list of common jurors shall be in force from
15 days after the date on which the notice referred to in subsection (1) is published
in the Gazette until 15 days after the date on which such notice relating to the next
succeeding list is so published.

(Replaced, 39 of 1960, s. 6)





Power to add to settled list of common jurors

11. (1) The Registrar may-

(a)compile a list of the names of persons who have become liable for
inclusion in the list of common jurors after the final settlement of that list
in accordance with section 9; and

(b)publish in the Gazette and in one English language daily newspaper and
in one Chinese language daily newspaper, each circulating in Hong Kong,
a notice stating that copies of the list of such additional common jurors
are available for inspection at his office and at other addresses specified
in the notice upon such days and between such hours during the next 14
days as shall be specified in the notice.

(2) Any person may, during the period of 14 days specified in subsection (1),
apply by notice in writing addressed to the Registrar requiring that his name or the
name of some other person, be added to or deleted from the list compiled under
subsection (1), for cause duly assigned in that notice.

(3) On receipt of any application in accordance with subsection (2) the
Registrar shall in his discretion allow or disallow the application and finally settle the
list of additional common jurors accordingly.

(4) The Registrar shall publish in the Gazette a notice stating that copies of the
list of additional common jurors finally settled in accordance with subsection (3)
may be inspected at his office and at other addresses specified in the notice upon
such days and during such hours as shall be specified in the notice.

(5) Any person whose name appears in a list of additional common jurors
finally settled in accordance with subsection (3) shall be deemed for all purposes to
be a common juror whose name appeared in the list of common jurors settled in
accordance with section 9.

(Replaced, 37 of 1988, s. 7)

Power to remove from jury lists

12. (1) The Registrar may, from time to time-

(a)amend the list of special jurors or the list of common jurors by removing
the name of any person who he has reason to believe is not qualified or
liable to serve as a juror, or is exempt from service;

(b)amend the list of special jurors by removing the name of any person who
he has reason to believe is not qualified to serve as a special juror.

(2) [Repealed, 37 of 1988, s. 81

(Replaced, 64 of 1984, s. 5)

Formation of panel of common jurors

13. (1) Whenever it is necessary to summon a common jury, the Registrar shall
select from the list of common jurors, by ballot or by any other method of random
selection, such number of jurors as a judge shall direct to form a panel. Whenever
from any cause any juror who has been selected cannot





be served the Registrar shall select a further juror to complete the number required
for such panel. Such panel shall attend and serve for such a period as the judge
shall direct. Whenever the judge so directs the Registrar shall divide such panel
equally into 2 or more sets, and the first of such sets shall attend and serve, and the
second and any subsequent set shall attend and serve, for such respective periods
as the judge shall direct: (Amended. 57of 1967, Schedule)

Provided that notwithstanding that attendance and service for such a period
shall have been so directed no juror shall be excused from attendance and service
unless and until he shall have been discharged by the judge in respect of any case in
which he has been called to serve as a juror. (Replaced, 32 of 1950, s. 7. Amended,
32 of 1952, s. 3 and 64 of 1984, s. 6)

(2) [Repealed, 64 of 1984, s. 61

Panel of special jurors

14. Whenever it is necessary to summon a special jury, such jury shall be
selected in the manner hereinbefore provided for obtaining a common jury, but the
number to be selected shall in all cases be 17.

(Amended, 8 of 1912, s. 29 and 64 of 1984, s. 7)

Juries in civil actions

15. (1) Where the court or a judge orders that a cause shall be heard before a
special or common jury, the party applying for such order shall, within 7 days after
the cause is set down in the general hearing list or within such further period as the
court or a judge may allow, deposit with the Registrar a sum sufficient to cover the
expenses of the special or common jury as the case may be. (Amended, 39 of 1960,
s. 8 and 3 of 1971, s. 5)

(2) Notwithstanding anything contained in the Rules of the Supreme Court
(Cap. 4, sub. leg.), if such deposit be not made within the time prescribed in
subsection (1) the cause shall be heard by the court without a jury. (Replaced, 39 of
1960, s. 8)

(3) The expenses of the special or common jury shall be treated as costs in the
cause, and shall be awarded and apportioned in the manner provided by the Rules
of the Supreme Court.

(Replaced, 33 of 1955, s. 2)

Passing over names for panel

16. (1) In forming any panel, the Registrar shall pass over the name of any
person selected who he has reason to believe is

(a) dead or absent from Hong Kong;

(b) not qualified or liable to serve as a juror; or

(c) exempt from service. (Replaced, 64 of 1984, s. 8)

(1A) Informing a panel of special jurors, the Registrar shall also pass over the
name of any person selected who he has reason to believe is not qualified to

serve as a special juror.(Added, 64 of 1984, s. 8)





(2) In forming a panel under the Coroners Ordinance (Cap. 14), the Registrar
may also pass over the names of any persons selected, if, in his opinion, such
persons cannot conveniently be served in sufficient time to secure their attendance
as jurors at the inquiry. (Amended, 32 of 1952, s. 4; 57 of 1967, Schedule and 64 of
1984, s. 8)

(Replaced, 23 of 1934, s. 2)

Summoning of jurors

17. (1) The Registrar shall issue summonses according to Form 1 in the
Schedule, which shall be served on the persons selected (other than any person
who has served, or (having been summoned) has attended for service, as a juror at
any time within the preceding period of 2 years) either personally, or by leaving the
same at their residences or places of business, or by sending the same by registered
post addressed to any such person at his residence or place of business: (Amended,
64 of 1984, s. 9)

Provided that if any such summons be not served personally it shall be served
4 clear days before the day appointed for the sitting of the court and in addition in
the case of service by post 2 clear days shall be allowed for delivery.

(2) A summons served by post under the provisions hereof and not returned as
undelivered shall be considered as duly served in the absence of evidence to the
contrary.

(3) If a person summoned under the provisions hereof fails to attend as
required by the summons, it shall be lawful for an officer of the court or a police
officer to warn him personally to attend before the court, and upon noncompliance
with such warning it shall be lawful for a police officer with or without a warrant to
apprehend him and bring him before the court.

(Replaced, 32 of 1950, s. 8)

Making of fist of jurors summoned

18. 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 summonses have been served.

Special jury in criminal case

19. 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, at his own instance or 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 form a panel of such jurors, and summon
them in manner hereinbefore provided.

(Replaced, 37 of 1947, s. 7)

Special powers of judge as to composition of jury

20. It shall be lawful for any judge before whom a case is or maybe heard, in his
discretion





(a)on an application made by or on behalf of the parties (including in criminal
cases the prosecution and the accused) or any of them, or at his own
instance, to make an order that the jury shall be composed of men only or
of women only, as the case may require;

(b)on an application made by a woman to be exempted from service on a jury
in respect of any case by reason of the nature of the evidence to be given
or the issues to be tried, to grant such exemption.

(Added, 37 of 1947, s. 8)

Ballot for jury

21. The Registrar shall cause numbers corresponding to the names of all the
jurors summoned to form a panel to be printed on separate cards of equal size and
put in a box, and he or the clerk of the court shall, in open court, draw therefrom
until a jury is obtained.

(Replaced, 64 of 1984, s. 10. Amended, 37 of 1988, s. 9)

Keeping jury together

22. (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.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule and 63 of 1911,
Schedule)

(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 andthecourt. (Amended,
50 of 1911 and 62 of 1911, Schedule)

Empanelling new jury for new case

23. The names of the persons drawn as jurors shall be marked on the list
provided for in section 18, and the cards with the numbers corresponding to such
names shall be kept apart by themselves until all the cards in the box have been
drawn:





Provided that-

(a)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; and

(b)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 number corresponding to a name to be drawn from the
box. (Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of
1911, Schedule and 3 7 of 1988, s. 10)

Majority verdicts

24. (1) In the event of any of the jurors, after reasonable consultation,
dissenting from the residue the verdict of the jury shall be determined as
provided in this section.

(2) In a civil trial the verdict of-

(a) a majority of the jurors who have been sworn; or

(b)if the number of jurors has been reduced in accordance with section
25, a majority of the remaining jurors,

shall be taken to be the verdict of the jury.

(3) Subject +to subsection (4), in a criminal trail-

(a) where a jury of 7 persons has been sworn---
(i) the verdict of a majority consisting of not less than 5 of them
shall, subject to sub-paragraphs (ii) and (iii), be taken to be the verdict
of the jury;
(ii) if the number of jurors has been reduced to 6 in accordance
with section 25, the verdict of a majority consisting of not less than 5
of them shall be taken to be the verdict of the jury;
(iii) if the number of jurors has been reduced to 5 in accordance
with section 25, the jury must be unanimous in their verdict; and

(b) where a jury of 9 persons has been sworn-
(i) the verdict of a majority consisting of not less than 7 of them
shall, subject to sub-paragraphs (ii), (iii) and (iv), be taken to be the
verdict of the jury;
(ii) if the number of jurors has been reduced to 8 in accordance
with section 25, the verdict of a majority consisting of not less than 6
of them shall be taken to be the verdict of the jury;
(iii) if the number of jurors has been reduced to 6 or 7 in
accordance with section 25, the verdict of a majority consisting of not
less than 5 of them shall be taken to be the verdict of the jury; and





(iv) if the number of jurors has been reduced to 5 in accordance with
section 25, the jury must be unanimous in their verdict.

(4) If any person is arraigned for any offence punishable with death, the jury
must be unanimous in their verdict of guilty or not guilty unless a majority,
consisting of

(a) where a jury of 7 persons has been sworn, not less than 5 of them; and

(b) where a jury of 9 persons has been sworn-

(i) if the full number of jurors remain, not less than 7 of them;

(ii) if the number of jurors has been reduced to 8 in accordance with
section 25, not less than 6 of them; or

(iii) if the number of jurors has been reduced to 6 or 7 in accordance
with section 25, not less than 5 of them,

find such person guilty of a lesser offence in which case the finding of any such
majority shall be the verdict and sentence shall follow accordingly.

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

(Replaced, 3 of 1986, s. 3)

Death or discharge of juror

25. (1) A court may at any time during the trial of any action, suit, information
or indictment prior to the verdict discharge a juror

(a)where, in the interests of justice, it appears to the court expedient to do so;
or

(b) in the interests of the juror.

(2) Where a member of the jury dies or is discharged by the court under
subsection (1), the jury shall nevertheless, subject to subsection (3) and (4), be
considered as remaining properly constituted for all the purposes of the action, suit,
information or indictment then being tried. (Amended, 3 of 1986, s. 4)

(3) Subject to subsection (4), in the event of the death or discharge by the court
under subsection (1) of any juror during the trial of any action, suit, information or
indictment, the trial of such action, suit, information or indictment shall 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, being an unanimous
verdict or a majority verdict in accordance with section 24(2), (3) or (4), shall be of
equal validity as if it had been returned by a jury consisting of the full number of
jurors. (Replaced, 3 of 1986, s. 4)

(4)(a) In a criminal trial for an offence punishable with death, the jury shall
consist of not less than 6 persons; and

(b)in any civil trial, and any criminal trial other than one for an offence
punishable with death, the jury shall consist of not less than 5 persons.
(Added, 3 of 1986, s. 4)

(Replaced, 55 of 1978, s. 2)





Mode of giving verdict

26. 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 that the jury may acquit any person accused of a part of the
charge against him, and find him guilty of the remainder.
(Amended, 51 of 1911; 63 of 1911, Schedule and 23 of 1934, s. 3)

Case of jury not agreeing upon verdict

27. 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, 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 charged with any person accused, and the action,
suit, information, or indictment shall be tried as if such first jury had not been
empanelled.
(Amended, 51 of 1911; 63 of 1911, Schedule and 8 of 1929, s. 6)

Power of the court to exempt juror

28. (1) On application and on cause being shown, the court
may-

(a)exempt any person from serving as a juror on any trial or for any
period;

(b)remove the name of any person from the list of common jurors or the
list of special jurors, or both. (Replaced, 3 7 of 1988, s. 11)

(1A) An application under subsection (1) shall be made-

(a)where the person has been summoned to appear as a juror, to the
court or judge before whom he is required to attend; and

(b)in any other case, by originating summons to a judge of the court.
(Added, 37 of 1988, s. 11)

(2) Without prejudice to anything contained in subsection (1) or (1A), if
any person who has been summoned by the Registrar to attend on a jury shows
in writing to the satisfaction of the Registrar that there is a good reason why he
should be excused from attending on that jury, it shall be lawful for the
Registrar, notwithstanding anything contained in this or any other Ordinance,
to excuse that person from so attending:(Amended, 3 7 of 1988, s. 11)





Provided that the Registrar shall produce to the court or judge any application
received by him from any person asking to be excused from attendance on any jury
summoned for the trial of cases before that court or judge and any correspondence
relating to any such application, and shall, where he has complied with any such
application, state to the court or the judge his reasons for so doing. (Added, 39 of
1960, s. 10)

Challenge of jurors by accused

29. A person arraigned on an indictment for any offence may challenge not
more than 5 jurors without cause and any juror or jurors for cause.

(Replaced, 3 of 1971, s. 6)

Talesmen

30. 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 fit and proper persons of the bystanders or
others who can be speedily procured as may be sufficient to make up the full
number thereof.

(-Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of 1911,
Schedule and 9 of 1950, Schedule)

Payment of jurors

31. (1) A person who serves as a juror in any case, criminal or civil, or in any
inquiry under the Coroners Ordinance (Cap. 14), shall be paid an allowance, at such
rate as the Governor may prescribe by order published in the Gazette.

(2) In addition to the allowance paid to him under subsection (1), a person who
serves as a juror may be paid an additional allowance under this subsection if

(a)in the case of proceedings in the High Court, the Chief Justice or the trial
judge; or

(b)in the case of an inquiry under the Coroners Ordinance, the Chief Justice,

so orders.

(3) The allowance paid to a person under subsection (2) shall be of such
amount as the Chief Justice or the judge may direct, but shall not exceed such rate
as the Governor may prescribe by order published in the Gazette.

(Replaced, 3 of 1971, s. 7)

Fining of juror for non-attendance, etc.

32. (1) If any juror, having been duly served with a summons-

(a) fails to attend; or

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

(c)after appearance, withdraws himself without the permission of the judge,





he shall be guilty of an offence and liable to a fine of $3,000. (Amended, 50 of 1911;
51 of 1911; 62 of 1911, Schedule; 63 of 1911, Schedule; 32 of 1952, s. 5 and 55 of
1978, s. 3)

(2) A person shall not be liable to a fine under subsection (1) if he can show
some reasonable cause for his failure to comply with the summons, or for not
appearing or for withdrawing himself without permission. (Added, 55 of 1978, s. 3)

(3) Where any juror, having been duly served with a summons-

(a) being present, does not appear when called, or

(b)after appearance, withdraws himself without the permission of the judge,

such failure to appear or such withdrawal shall be punishable as a criminal contempt
of court committed in the face of the court. (Added, 64 of 1984, s.]])

Punishment of employer discriminating against employee by reason of jury
service

33. (1) No employer shall terminate, or threaten to terminate, the employment of,
or in anyway discriminate against, any person employed by him by reason of the
fact that such person

(a) has served, or is serving, as a juror in any proceedings in the High
Court or in any inquiry under the Coroners Ordinance (Cap. 14);

(b)has been summoned under section 17 to appear as a juror at the High
Court; or

(c)has been summoned under section 10 of the Coroners Ordinance to appear
as a juror at an inquiry under that Ordinance.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and liable to a fine of $25,000 and to imprisonment for 3 months.

(Added, 3 of 1971 , s. 8. (Amended,55 of 1978,s.4 and 64 of 1984,s.12)

Levying of fines

34. 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.
(Amended, 50 of 1911 and 62 of 1911, Schedule)

Inspection of property by jury

35. 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.

(Amended, 50 of 1911; 51 of 19 11; 62 of 1911, Schedule and 63 of 1911,

Schedule)





Declaration by non-Christian juror in lieu of oath

36. 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 1 will hearken to
the evidence, and a true verdict give, to the best of my skill and knowledge,
without fear, favour, or affection.'

(2 of 1860, s. 1, incorporated. Amended, 50 of 1911 and 62 of 1911,
Schedule)

Application of law of England in cases not provided for

37. 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 Hong Kong; but nothing
in this section shall be deemed to relate to jurors or juries on death inquiries.

(Amended, 5 of 1924, Schedule and 37 of 1988, s. 13)

Rules

38. (1) The Chief Justice may make rules providing for the carrying into effect of
the provisions of this Ordinance. Without prejudice to the generality of the
foregoing power such rules may provide for forms and summonses.

(2) [Repealed, 37 of 1988, s. 12]

(Added, 37 of 1947, s. 9)

SCHEDULE [s. 171

FORM 1

Form of Summons to Juror

A.B.

You are hereby summoned to appear as a juror [or special juror] at the High Court to be

harden at
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 a fine not exceeding $3,000.

(Amended, 37 of 1998, s. 14)





FORM 2 [s. 71

JURY ORDINANCE
(Chapter 3)

NOTICE

Jury Service

1. Whereas it appears that you are a person-
(a) qualified to serve as a juror under section 4; and

(b) not exempt from service as a juror under section 5, you are hereby notified that your
name will be added to the list of jurors unless, within 14 days after the receipt of this notice, you
notify me in writing that you claim exemption from jury service on either of the following
grounds

(i) that you do not qualify to serve as a juror under section 4 of the Jury Ordinance;

(ii) that you are exempt from service as a juror under section 5 of the Jury Ordinance.

2. A copy of sections 4 and 5 of the Jury Ordinance is attached hereto for your information.

Dated this day of 19

Registrar of the Supreme Court.

SUPREME COURT 38
QUEENSWAY HONG
KONG

(Replaced, 28 of 1962, s. 5. Amended, 37 of 1988, s.
14)

https://oelawhk.lib.hku.hk/items/show/2197

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