JURORS AND JURIES ORDINANCE

JURORS AND JURIES ORDINANCE

section 12 of
^Okdinancc.No. -
11 of18e4
~_ ameriaea
-IUOVidtng t.khat ,
'' ltegletrar may
:ogen boa in
'd to secure
.:p' r er.

ORDINANCE, NO.' 7: of -1868.

Jurors and Juries.

No. 7 of 1868..

.An Ordinance for amending the Laws relative to Jurors and Juries.
(23rd May. 1868.1

WHEREAS it is expedient to amend the laws relative to Jurors and Juries:
13e
it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as followa:-

I. There shall be added to section 12 of Ordinance No. 11 of 1864, the
woods
following, that is to say:-' Provided always that it shall be lawful for
the Registrar
to open the ballot box and draw fresh names therefrom, as often as rosy
be necessary
to secure the full number 'of thirty jurors at the Criminal Sessions.'

2. Section 22 of Ordinance No. 71 of 1864, is hereby repealed, wend the
words
following shall be substituted for such section, and shall be henceforth
read as if the
same had been originally inserted therein:-'1lftcr the jury in any case
shall have
boon sworn, or charged with any prisoner, they shall be laeht in some
convenient lance
in Court apart by themselves, retirement of individual jurors for
personal purposes
only eaceptod, and then in charge of au officer of the Court., until the
Chief,Justice or
other, presidia; Judge has summed up the evidence, and bas left the case
with the
jury: . Provided that in case and as often its the Court shall adjourn
before the case
shall have been so left with the jury, then such jury may as often as the
Court, shall
direct lie removed in charge of an officer of the Court to . some
convenient place there
to take refreshment and rest until the Court shall reassemble and such
officer shall-
be sworn that be will suffer none save himself to speak to or to
communicate with
them without the express leave o£ the Court. IF after the case shall have
been so
left to the jury, any such jury shall desire to withdraw for the purpose
of considering
their verdict, then they shall be kept by such officer of the Court in
somo convenient
place apart by themselves with power to, retire alone only for personal
purposes until
they are agreed upon their verdict, or be discharged therefrom by the
Court; and the
officer shall be sworn that he will suffer cone to. have access to them,
or speak to
them, and that be will not speak to theta himself except to ask whether
they are
agreed upon their verdict or to communicate l.etween them and the Court;
Provided
always that the provisions in this section contained shall be obligatory
only in cases
of capital felonies and that in the discretion of the Court auc)i of the
foregoing
provisions as to the Court may seem fit may be disl>eused with in other
cases of
felonies and in all cases of misdemeanors.' [Repealed by Ordinance No. 8
of 1872, and
new section substituted.]

3. There shall be added to section 23 0£ Ordinance No. 11 of 1864, the
words
following, that is to say: 'Provided always that the Court may' in case
of any adjourn=
ment, in its discretion, allow the jury to separate for such time and
subject to such

.:conditions as to the Court may seem fit.' [Repealed by Ordinance No. 8
of 1872.E

forming ;_ 4'.=0?r thp 1st day of March in each year, the Superintendentpf
Police or his
foiCoronor's deb>uty shall cause the names in the jury list for the year to
be written on separate
dart.
ORDINA\(:F No. 7 of 1868.

.liernrs and Juries.

cards and to be placed in a ballot bog to be kept for that purpose, and
whenever it
shill be necessary to summon a Coroner's jury the Superintendent of
Police or his
deputy shall draw from the sail box, six of the said names to form a
panel, and the
cards so drawn shall therbnpan be locked up it) n separate box therein to
remain until
the entire number of the names in the ballot box shall be exhausted by
subsequent
panels, when all the names of the juror) shall be returned to the
ballot.bux, if required,
for the purposes of tac: current year, and in such case 'the names shall
be redrawn in
manner aforesaid. Provided always that it shall be lawful for the
Superintendent of
Police or his deputy to open tile ballot box land draw fresh names
thelufrum as often
as may be necessary to secure the full number of three jurors at an
inquest.

l?. The Superintendent of Police or such other -officer as shall from
time to -time
be appointed fur the purpose by t.lic Governor, shall before the sitting
of ti Coroner's
Court whereat a jury shall !re necessary, issue summonses according to
the form in
the schedule hereunto annexed, r quirinj the attendance of the persons
so drawn from

the ballot box, and every such summons shall be personally served upon or
left at the
usual place of abode of the person so summoned.
E,. The Coroner is haro!ry empowered to remit fines imposed by him on
Jurors
for non-att0nC1allCe on Sollltae_lt <;an8e belwP shown and is also
etupoweroJ to adjourn
inquests from time. to time and to use t,lie same jury for a second
inquest should he
consider it necessary. ,

I . The Superintendent of the Civil hospital in the absence of the
Colonial

For summoning ,
C.roner's, Jnriee:F-

Coroner
empowered to
remit flnosand-'

ndjourn inquests'

Surgeon or such other LYleOiaal OfFeer as may be appointed by the
Governor for ti%at of

duty shall, on receiving a dead -'body .irtLe a preliminary
iotl-rtheveol', end
report to the Coroner who ah:zll,if necessary, dii'cect- a post tnorteCn
e~tttlk:n >~tl~iz ^Gtf
be held when a further relrort of the cause of death must be forwarded-to-
the..,Cordnei

8. The Coroner is farther Hereby etnpoiveled to direct paytxaent-of:l:fep
of $1D reedt~maaio~
praetftteners. --:
for any post mortecn erauliulttion made by a duly qualified medical
practitioner un.tlet=
taken by order of the Coru,.er, and also to direct payment of the sum of
$5 fclr tho '
attendance at an inquest of tiny duly qualified medical practitioner
whose evidence
the Coroner may con-d;ler it expedient to take. , -

9. This OrdinrLUae shrsll conllnence and take effect on such day-, as,
sh,l<ll hereafter ' comment'

i,f7~'edfnanP.a:.w=

be fixed by proclamation under the haul of the Governor.

SCHEDULE
SUIIIMO~TS OF- JURORS TO CORONER'S COURT.

Yon are hereby summoned to appear as.a Juror-at the Coroner's.Court to be
holden at
iu_.this Colony-on the day,-Qf . - neat, at the hour of o'cloelctu~lze-

Boon, and there to attend n>atil.you shall be discharged from the Court:.

(Signed,) C. D

` Or R.=The penalty for disobedience hereto -is any sum not exceeding
fifty dollars rersonal, service
of this summons is not necessary to subject a party summoned to the
penalty for-disoliedience.

[In force fi icnder proclamation of sigma date.
Except as above
all repealed by Ordinance Xo. 17 of 1888.
1008
Title.
Preamble.
Section 12 of Ordinance No. 11 of 1864 amended by providing that Registrar may open box in order to secure requisite number.
How Jury, when sworn or charged with any prisoner, to be kept.
Amending section 23 of Ordinance No. 11 of 1864.
Manner of forming panel for Coroner's Jury.
1009
For summoning Coroner's Juries.
Coroner empowered to remit fines and adjuourn inquests.
Preliminary examination of bodies.
Fees to medical practitioners.
Commencement of Ordinance.

1008
Title.
Preamble.
Section 12 of Ordinance No. 11 of 1864 amended by providing that Registrar may open box in order to secure requisite number.
How Jury, when sworn or charged with any prisoner, to be kept.
Amending section 23 of Ordinance No. 11 of 1864.
Manner of forming panel for Coroner's Jury.
1009
For summoning Coroner's Juries.
Coroner empowered to remit fines and adjuourn inquests.
Preliminary examination of bodies.
Fees to medical practitioners.
Commencement of Ordinance.

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1890

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No. 7 of 1868

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