CRIMINAL PRCEDURE -- TRIAL BY SPECIAL JURY ORDINANCE
Title
CRIMINAL PRCEDURE -- TRIAL BY SPECIAL JURY ORDINANCE
Description
Criminal Procedure -- Trial by Special Jury.
No. 8 of 1872.
An Ordinance to further amend the Law relating to Criminal Procedure.
[23rd July, 1872.]
WHEREAS it ,is expedient to further amend the law relating to criminal pro-
ced>xr8 and to-make further provision for the trial of criminal cases by
special
juries: Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-
maybe tried
by a special jury, anything
lion by special
Jnry. , in section 17 of Ordinance No. 11 of 1864 to the contrary
notwithstanding. It shall be
lawful for tile .Attorney General by written notice to the Registrar of
the supreme
Court, or for any Judge of the Court, upoil the application of any
defendant or prisoner
against whom an information has been filed, by an order of the Court, to
cause such
special jury to be summoned for the trial of any case: Provided that such
written
notice be served, or such application made at least four full days before
the day on
which such trial is to take place.
Mode of forming 2. Upon the receipt of such notice from the Attorney
General, or upon any order
panel, dzc. w ,
of the Court to that effect being made, the Registrar shall proceed to
form a panel o
fourteen special jurors, and the said panel shall be formed and the said
jurors summoned
in accordance with, and they shall in all paiticulars be subject to the
provisions of
Ordinance No. 11 of 1864, respecting common juries upon criminal trials.
:Speplaljarore 3, Special jurors shall not be entitled to any remuneration
in criminal cases:
entitledto no
remuneration 1n
crtininaloases, provided that the Court may, upon the application of any
defendant or prisoner for a
o~h sC ~T~aer special jury, make it part of the order that such special
jury be remunerated on the
same scale as they are remunerated on the trial of civil suits, and that
such defendant
or prisoner deposit with the Registrar or other officer of the Court a
sum sufficient to
cover the expenses ofthe special jury; otherwise the order of the Court
to be of no
effect.
Criminal Procedure -- Trial by Special Jury.
No. 8 of 1872.
4. Section 2 of Ordinance No. 7 of 1868 and section 22 of Ordinance No. h
of
1864 are hereby repealed, and the words following shall be substituted
for such last
mentioned section, and shall henceforth be read as if the same had been
originally
inserted therein:-' After the jury in any case shall have been sworn, or
charged with'
any prisoner, they shall, be kept in some convenient place in Court apart
by them-
selves, retirement of individual jurors for personal purposes only
excepted, and then in
charge of an officer of the Court, until the Chief Justice or other
presiding Judge has
summed up the evidence, and has left the case with the jury: Provided
that in case
and as often as the Court. shall adjourn before the case shall have been
so loft with the
jury, then such jury may as often as the Court shall direct be 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 of
the Court. If after the case shall have been so left to the jury, and
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 some 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
none to have access to them, oy 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 bourt : Provided always that it shall be in the
discretion of the
Court in all cases to dispense with any of the foregoing provisions.'
f;. Section 3 of Ordinance No. 7 of 1868, is hereby repealed, and there
shall be
added to section 23 of Ordinance No. 11 of 1864, the words following,
that is to say :--
'Provided always that the Court may in all cases, in the event of any
adjournment, 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. 18 of 1887.]
1136
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
No. 8 of 1872.
An Ordinance to further amend the Law relating to Criminal Procedure.
[23rd July, 1872.]
WHEREAS it ,is expedient to further amend the law relating to criminal pro-
ced>xr8 and to-make further provision for the trial of criminal cases by
special
juries: Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-
maybe tried
by a special jury, anything
lion by special
Jnry. , in section 17 of Ordinance No. 11 of 1864 to the contrary
notwithstanding. It shall be
lawful for tile .Attorney General by written notice to the Registrar of
the supreme
Court, or for any Judge of the Court, upoil the application of any
defendant or prisoner
against whom an information has been filed, by an order of the Court, to
cause such
special jury to be summoned for the trial of any case: Provided that such
written
notice be served, or such application made at least four full days before
the day on
which such trial is to take place.
Mode of forming 2. Upon the receipt of such notice from the Attorney
General, or upon any order
panel, dzc. w ,
of the Court to that effect being made, the Registrar shall proceed to
form a panel o
fourteen special jurors, and the said panel shall be formed and the said
jurors summoned
in accordance with, and they shall in all paiticulars be subject to the
provisions of
Ordinance No. 11 of 1864, respecting common juries upon criminal trials.
:Speplaljarore 3, Special jurors shall not be entitled to any remuneration
in criminal cases:
entitledto no
remuneration 1n
crtininaloases, provided that the Court may, upon the application of any
defendant or prisoner for a
o~h sC ~T~aer special jury, make it part of the order that such special
jury be remunerated on the
same scale as they are remunerated on the trial of civil suits, and that
such defendant
or prisoner deposit with the Registrar or other officer of the Court a
sum sufficient to
cover the expenses ofthe special jury; otherwise the order of the Court
to be of no
effect.
Criminal Procedure -- Trial by Special Jury.
No. 8 of 1872.
4. Section 2 of Ordinance No. 7 of 1868 and section 22 of Ordinance No. h
of
1864 are hereby repealed, and the words following shall be substituted
for such last
mentioned section, and shall henceforth be read as if the same had been
originally
inserted therein:-' After the jury in any case shall have been sworn, or
charged with'
any prisoner, they shall, be kept in some convenient place in Court apart
by them-
selves, retirement of individual jurors for personal purposes only
excepted, and then in
charge of an officer of the Court, until the Chief Justice or other
presiding Judge has
summed up the evidence, and has left the case with the jury: Provided
that in case
and as often as the Court. shall adjourn before the case shall have been
so loft with the
jury, then such jury may as often as the Court shall direct be 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 of
the Court. If after the case shall have been so left to the jury, and
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 some 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
none to have access to them, oy 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 bourt : Provided always that it shall be in the
discretion of the
Court in all cases to dispense with any of the foregoing provisions.'
f;. Section 3 of Ordinance No. 7 of 1868, is hereby repealed, and there
shall be
added to section 23 of Ordinance No. 11 of 1864, the words following,
that is to say :--
'Provided always that the Court may in all cases, in the event of any
adjournment, 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. 18 of 1887.]
1136
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
Abstract
1136
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
Title.
Preamble.
Trial of information by special jury.
Mode of forming panel, &c.
Special jurors entitled to no remuneration in criminal cases, except by order of the Court.
1137
How jury sworn or charged with prisoner to be kept.
Amendment of section 23 of Ordinance No. 11 of 1864.
Identifier
https://oelawhk.lib.hku.hk/items/show/305
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 8 of 1872
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL PRCEDURE -- TRIAL BY SPECIAL JURY ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 4, 2025, https://oelawhk.lib.hku.hk/items/show/305.
