JURY ORDINANCE ORDINANCE, 1887
Title
JURY ORDINANCE ORDINANCE, 1887
Description
ORDINANCE No. 6 OF 1887.
Jury
AN ORDINANCE to amend and consolidate the Law relating to
Jurors.
[1st June,1887.]
BE it enacted by the Governor of Hongkong,with the advice of the
Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Jury Ordinance,1887.
Number of Jury.
2.In all civil and criminal trials and in all inquires into the idiotey,
lunacy, or unsoundness of mind of any person, the jury, if any, shall,
except where otherwise specially provided,consist of seven men.
Qualifications, Disabilities, and Exemptions.
3Every male person between the ages of twenty-one and sixty
years, being of sound mind and not afflicted with deafness, blindness,or
other such infirmity, who is a good and sufficient person resident within
the Colony shall be qualified and liable to serve as a juror, subject to
the exceptions hereinafter provided. 4.The persons hereinafter mentioned shall not be or be deemed liable
to serve as jurors;that is to say,-
(1.)members of Council;
(2.)all persons holding any office or situation of emolument under
the Crown;
(3.)salaried functionaries of Foreign Governments not carrying on
business;
(4.)barristers-at-law and solicitors in actual practice,and their clerks;
(5.)medical practitioners and surgeons registered under any Ordi-
nance for the time being in force relating to the registration of
medical practitioners and dentists;
(6.)editors of daily newspapers in the Colony and their staff;
(7.)chemists and druggists actually carrying on business as such;
(8.)clergymen of the Church of England,Roman Catholic priests,
ministers of any congregation of Protestant dissenters or of Jews,
and schoolmasters;
(9.)officers employed on full pay in the Naval or Military Service
of Her Majesty;
(10.)masters of steamers and local pilots;and
(11.)persons ignorant of the English language.
5.If any person is summoned as a juror who,under the terms of the
preceding sections,is not qualified to serve as a juror,or is exempt from
service,or,having been sumoned 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.
Making up of Jurors List.
6.Every person shall ,for the purpose of enabling the Registrar of
the Supreme Court to complete the list of jurors hereinafter referred to,
on demand by the Registrar or some person duly authorized by him,
forward to the Registrar in writing,within the time specified in the said
demand,his name and surname at full length,together with his profes-
sion,business,or occupation and place of abode,under penalty for refus-
ing or neglecting to do so of a sum not exceeding one hundred dollars,
on conviction before a Magistrate.
7.-(1.)The Registrar shall,on or before the first day of February
in each year make a list in alphabetical order of all persons ascertained by him to be liable to serve as jurors,setting forth the name and sur-
name of each at full length,together with his profession,business,or
occupation and place of abode,and shall cause a copy of such list to be
posted for the term of one fortnigt at thw chief entrance to the Court.
(2.)Any person may apply by notice in writing to the Registrar
requiring that his name or the name of some other person may be re-
spectively either added to or struck off from the list,upon cause duly
assigned in such notice; and the Registrar,immediately after the expi-
ration of the time for posting the list,shall forward the same and
such notices as may be so served on him to the Clerk of the Legislative
Council.
(3.)The Council may strike off from or add to the list such name
or names or any other name or names as to the Council may appear fit,
and shall mark off not less than twenty-four of the names contained in
the list,and such names shall be formed into a separate list which shall
be designated The Special Jurors List,and all other names contained in
the list shall be marked off in a separate list and be designated The Com-
mon Jurors List.
8.The lists,when finally settled,shall be returned to the Registrar by
the Clerk of Council and called The Juror List,and shall be brought into
use on the first day of March next following and shall continue in force
for one year from the said first day of March.
9.When the list is completed and returned to the Registrar,he shall
cause the names of the common and special jurors ot be written on separ-
ate cards of equal size and placed in separate boxes to be called The Com-
mon Jurors Ballot Box and The Special Jurors Ballot Box:and such
boxes shall be kept locked.
Formation of Panels of Jurors.
10.-(1.)Whenever it is necessary to summon a common jury,a
Deputy Registrar shall,in the presence of the Registrar,open an draw
from the appropriate ballot box eighteen names in civil cases and
thirty names in criminal cases to form a panel,and whenever from any
cause the jurors drawn cannot be served,it shall be lawful for a Duputy
Registrar to re-open the ballot box and in manner aforesaid draw fresh
named therefrom as often as may be necessary to secure the full number
of jurors required to be drawn.
(2.)The cards with the names of those who do not actually serve and
are not dead or permanently incapacitated shall be returned to the
ballot box,and the cards with the names of those who actually serve
shall be locked up in a separate box until all the names in the ballot box
are exhausted by subsequent panels,when they shall be returned to the
ballot box,if required,for the purposes of the current year.
11.Whenever it is necessary to summon a special jury,such jury
shall be drawn in the manner hereinbefore provided for obtaining a com-
mon jury,with this exception that in civil cases the number to be drawn
from the ballot box shall be seventeen and in criminal cases twelve.
12.The party applying for a special jury,and who has obtained a
rule or order of the Court or of a Judge for that purpose,shall,when the
cause is set down in the general hearing list,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 the Court or Judge shall be
of no effect.
13.In forming any panel,the Registrar shall pass over the names of
all persons who are dead or absent from the Colony,but shall return to
The Common Jurors Ballot Box or The Special Jurors Ballot Box,as
the case may require,the names of any temporary absentees which may
be drawn.
14.The Registrar shall,before the sitting of any Court whereat either
a common or special jury is necessary,issue summonses,according to
the form in the Schedule to this Ordinance,requiring the attendance
thereat of the persons drawn from the ballot box,and every such sum-
mons shall be personally served on 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.
15.The Registrar shall cause a list containing the names,places of
abode,and additions of the persons so summoned to be made out as soon
as conveniently may be after the summonses have been served.
16.-(1.)In any information or indictment for a criminal offence,it
shall be lawful for the Attorney General,acting on behalf of the Crown,
be written notice to the Registrar,or for any Judge of the Court,on the
application of any private prosecutor or on the application of any pri-
soner or accused person against whom an information or indictment has
been filed,to order a special jury to be summoned for the trial of any
case.
(2.)On the receipt of such notice or on any such order being made,
the Registrar shall forthwith proceed to form the panel of such jurors,
and to summon them in manner hereinbefore provided.
Procedure at Trial.
17.At the sitting of the Court,the names of all the jurors summoned,
whether common or special,shall be written on separate cards of equal
size and put into a box,and the Registrar or Clerk of the Court shall,
in open Court,draw therefrom until a jury is obtained.
18.-(1.)After the jury have been sworn or charged with any pri-
soner or accused person,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,in case and as often as the COurt may adjourn
before the case has been so left with the jury,then such jury may,if
the Judge so directs,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 express leave of the Judge.
(2.)If,after the case has been so left with the jury,the jury desire to
withdraw of 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 or speak to them himself,except to ask whether
they are agreed upon their verdict or to communicate between them and
the Court:Provided always that it shall be in the discretion of the
Judge in all cases to dispense with any of the foregoing provisions,and,
in the event of any adjournment,to direct the jury to be removed to
some convenient place in the vicinity of the Court during such adjourn-
ment,under the charge of the proper officer of the Court,or to allow the
jury to separate for such time and subject to such conditions as to the
Judge may seem fit.
19.The names of the persons drawn as jurors shall be marked on
the list provided for in section 15,and the cards with such names shall
be kept apart by themselves until all the cards in the box have been
drawn:Provided always that,if any case is 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 the trial of teh case which is so brought
on to be tried:Provided,also,that where no objection is made on
behalf of the plaintiff or prosecutor or on behalf of the defendant or
prisoner or accused person,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,or to order the name of any person on such jury,whom
both parties may consent to withdraw or who may be justly challenged
or excused by the Court,to be set aside and another name to be drawn
from the box,and to try the case with the residue of such original jury and with such person or persons whose name or names is or are so drawn
and who appears or appear.
20.Whenever the jury in a criminal case are not unanimous in their
verdict,it shall be lawful for the Judge to direct them ro withdraw
from the Court room for the purpose of considering their verdict in
private.
21.-(1.)In the event of any of the jurors dissenting from the residue,
the jury shall retire to consider their verdict,and,after reasonable con-
sultation,the verdict in civil cases of a majority and in criminal cases
of a majority consisting of not less than five jurors shall be held and
deemed to all intends and purposes to be the verdict of the jury:Provided
always that,if any person is arraigned for any offence visited by the
law with capital punishment,then and in such case the jury must be
unanimous in their verdict of guilty or not guilty;but if a majority,
consisting of not less than five persons as aforesaid,find such person
guilty of a less crime than the capital one,then the finding of such
majority shall be the verdict,and sentence shall follow accordingly.
(2.)If in any case it seems for any cause to be desirable to the Judge
to do so,he may direct the jury to further consider their verdict.
22.In the event of the death,illness,or default of attendance of any
one or two of the jurors during the trial of any action,suit,information,
or indictment,it shall be lawful for the Court,in its discretion,to order
the trial of such action,suit,information,or indictment to be proceeded
with in like manner as if the full number of jurors had continued to
serve on the jury,and any verdict returned by the remaining jurors,or in
civil cases by a majority,or in criminal cases by a majority consisting of
not less than five remaining jurors shall be of equal validity and have
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 a criminal
case when the offence charged is visited by the law with capital punish-
ment,the jury shall not consist of less than seven men:Provided,also,
that it shall be lawful for the Court,instead of proceeding with the trial
withthe remaining jurors,to cause a new jury to be empanelled,sworn,
and,if necessary,charged with any prisoner or accused person;and ther
action,suit,information,or indictment shall be tried as if such first
jury had not been empenelled.
23.The verdict of the jury shall in all cases be given by the foreman
in open Court and in the presence of all the jury,and if in a criminal
proceeding in the presence of the prisoner or accused person,and shall
thereupon be recoded by the Registrar;and the Registrar shall,before
taking the verdict,ask if they are all or by what majority agreed there-
on,and whether they find for the plaintiff or for the defendant,and,in
the case of a prisoner or accused person,whether they find such prisoner
or accused person guilty or not guilty;and the jury shall either pro-
nounce a general verdict for the plaintiff or defendant,or of guilty or not
guilty,or else shall return a special verdict finding the facts of the case:
Provided always that the jury may acquit any prisoner or accused person
of a part of the charge against him,and find him guilty of the remainder.
24.Whenever the jury in any case have withdrawn and been kept
apart for the purpose of considering their verdict,and have not return-
ed the same before all the other cases for trial at the same sitting or
session have been disposed of,and when ir sufficiently appears to the
Court that the said jury cannot agree upon a verdict,and that discharge
such jury,and shall cause a new jury to be empanelled and sworn and
charged with any prisoner or accused person,and the action,suit,
information,or indictment shall be tried as if such first jury had not
been empanelled.
25.Nothing in this Ordinance shall prevent the Court from exempt-
ing,in its discretion,any person from serving as a juror on any trial or
from removing the name of any person from the list of jurors,on cause
being shown for so doing.
26.No person who is put upon his trial either for treason,felony,or
misdemeanor shall be allowed to challenge any of the jurors except for
cause.
27.Whenever there is a deficiency of jurors,it shall be lawful for
the Court,at the prayer of either of the parties in the action or suit or
of the prosecutor,prisoner,or accused person,to put upon the jury so
many good and lawful men of the bystanders or others who can be
speedily procured as may be sufficient to make up the full number
thereof.
Miscellaneous Provisions.
28.-(1.)The remuneration of special jurors in civil cases shall be
twenty-five dollars each for each day of every trial.
(2.)In criminal cases special jurors shall not be entitled to any
remuneration:Provided always that the Judge,on an application for
a special jury by any prisoner or accused person,may order such special
jury to be remunerated as in civil cases,and that such prisoner or
accused person shall deposit with the Registrar or other officer of the
Court a sum sufficient to cover the expenses of such special jury;
otherwise such order to be of no effect.
29.If any juror,having been duly served with a summons,in
accordance with the provisions in that behalf hereinbefore contained,-
(1.)fails to attend;or,
(2.)being present,does not appear when called;or,
(3.)after appearance,withdraws himself without the permission of
the Judge,
the Judge shall,unless some reasonable excuse is proved upon oath or
affidavit or otherwise to his satisfaction,set upon the person so making
default such fine,not exceeding the sum of one hundred dollars,as to
the Judge may seem meet.
30.All fines imposed under the provisions of this Ordinance shall be
levied in such manner as the Court or any Judge thereof may direct,
and,when levied,shall be paid to the Registrar and accounted for by
him to the Colonial Treasurer.
31.On the trial of any civil or criminal case,either party,or the
prosecutor or prisoner or accused person,shall be at liberty to apply to
the Court for a rule or order for the inspection by the jury of any
property the inspection of which may be material to the proper determi-
nation of the proceedings in question,and it shall be lawful for the Court,
if it thinks fit,to make such rule or order,on such terms as to adjourn-
ment,costs,and otherwise as the Court may direct.
32.Whenever it necessary to summon a jury in the Summary Juris-
diction of the Supreme Court,the number drawn to form a panel shall
be six.Subject as aforesaid,the provisions of this Ordinance,so far as
the same are applicable,shall apply to such juries.
33.In any inquiry into the idiotey,lunacy,or unsoundness of mind
of any person,any issue determinable by the verdict of a jury shall be
tried by a common or special jury as the Judge may direct,and such
jury shall be constituted in the same manner in all respects as to the
number and qualification of the jury,and be summoned in the same man-
ner,and serve under the same conditions in every particular as if such
jury had been empanelled for the trial of any ordinary issue in the Court:
Provided that in every such case the alleged idiot,lunatic,or person of
unsound mind shall have a right to have the issue determined,if he so
desires,by a special jury.
34.Every person,not being a Christian,who may be summoned to
serve as a juror in any case,whether civil or criminal,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 I will hearken to the
evidence ,and a true verdict give,to the best of my skill and knowledge,
without fear,favour,or affection.
35.In cases not provided for by this Ordinance,the law for the time
being in force in English relating to jurors and juries shall,in so far as the same does not conflict with the provisions of this Ordinance,have
force and effect within the Colony;but nothing in this section shall be
deemed to relate to jurors or juries on Coroners' inquests.
SCHEDULE.
FORM OF SUMMONS TO JUROR.
Mr. A.B.
You are hereby summoned to appear as a juror [or special juror] at the
Supreme Court to be holden at in this Colony on the
day of ,1 ,at the hour of o'clock in the noon,and there
to attend from day to day until you shall be discharged from the Court.
(Signed.)
C.D.,
Registrar.
N.B.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars.
A.D. 1887. Ordinance No. 18 of 1887, with Ordinances No. 2 of 1860 s. 1, No. 3 of 1894, and No. 18 of 1901 incorporated. Short title. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. See Ordinance No. 1 of 1884. Want of qualification or exemption to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of com- mon and special jurors. Return of lists, when settled, to Registrar, etc. Placing of names in ballot boxes. Formation of panel of common jurors. Formation of panel of special jurors. Special jury in civil actions. Passing over of certain names in forming panel. Summoning of jurors. Schedule. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling of new jury for new case. Withdrawal of jury to consider verdict. Verdict of majority to prevail, except in capital case. Provision in case of death, illness, or non-attendance of juror. Mode of giving verdict. Case of jury not agreeing upon verdict. Power to the Court to exempt juror. No challenge except for cause. Talesmen. Remuneration of special jurors. Fining of juror for non-attendance, etc. Levying of fines. Inspection of property by jury. Jury panel in Summary Jurisdiction cases. Jury in lunacy case. Declaration by non Christian juror in lieu of oath. Application of law of England in case not provided for by the Ordinance.
Section 14.
Jury
AN ORDINANCE to amend and consolidate the Law relating to
Jurors.
[1st June,1887.]
BE it enacted by the Governor of Hongkong,with the advice of the
Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Jury Ordinance,1887.
Number of Jury.
2.In all civil and criminal trials and in all inquires into the idiotey,
lunacy, or unsoundness of mind of any person, the jury, if any, shall,
except where otherwise specially provided,consist of seven men.
Qualifications, Disabilities, and Exemptions.
3Every male person between the ages of twenty-one and sixty
years, being of sound mind and not afflicted with deafness, blindness,or
other such infirmity, who is a good and sufficient person resident within
the Colony shall be qualified and liable to serve as a juror, subject to
the exceptions hereinafter provided. 4.The persons hereinafter mentioned shall not be or be deemed liable
to serve as jurors;that is to say,-
(1.)members of Council;
(2.)all persons holding any office or situation of emolument under
the Crown;
(3.)salaried functionaries of Foreign Governments not carrying on
business;
(4.)barristers-at-law and solicitors in actual practice,and their clerks;
(5.)medical practitioners and surgeons registered under any Ordi-
nance for the time being in force relating to the registration of
medical practitioners and dentists;
(6.)editors of daily newspapers in the Colony and their staff;
(7.)chemists and druggists actually carrying on business as such;
(8.)clergymen of the Church of England,Roman Catholic priests,
ministers of any congregation of Protestant dissenters or of Jews,
and schoolmasters;
(9.)officers employed on full pay in the Naval or Military Service
of Her Majesty;
(10.)masters of steamers and local pilots;and
(11.)persons ignorant of the English language.
5.If any person is summoned as a juror who,under the terms of the
preceding sections,is not qualified to serve as a juror,or is exempt from
service,or,having been sumoned 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.
Making up of Jurors List.
6.Every person shall ,for the purpose of enabling the Registrar of
the Supreme Court to complete the list of jurors hereinafter referred to,
on demand by the Registrar or some person duly authorized by him,
forward to the Registrar in writing,within the time specified in the said
demand,his name and surname at full length,together with his profes-
sion,business,or occupation and place of abode,under penalty for refus-
ing or neglecting to do so of a sum not exceeding one hundred dollars,
on conviction before a Magistrate.
7.-(1.)The Registrar shall,on or before the first day of February
in each year make a list in alphabetical order of all persons ascertained by him to be liable to serve as jurors,setting forth the name and sur-
name of each at full length,together with his profession,business,or
occupation and place of abode,and shall cause a copy of such list to be
posted for the term of one fortnigt at thw chief entrance to the Court.
(2.)Any person may apply by notice in writing to the Registrar
requiring that his name or the name of some other person may be re-
spectively either added to or struck off from the list,upon cause duly
assigned in such notice; and the Registrar,immediately after the expi-
ration of the time for posting the list,shall forward the same and
such notices as may be so served on him to the Clerk of the Legislative
Council.
(3.)The Council may strike off from or add to the list such name
or names or any other name or names as to the Council may appear fit,
and shall mark off not less than twenty-four of the names contained in
the list,and such names shall be formed into a separate list which shall
be designated The Special Jurors List,and all other names contained in
the list shall be marked off in a separate list and be designated The Com-
mon Jurors List.
8.The lists,when finally settled,shall be returned to the Registrar by
the Clerk of Council and called The Juror List,and shall be brought into
use on the first day of March next following and shall continue in force
for one year from the said first day of March.
9.When the list is completed and returned to the Registrar,he shall
cause the names of the common and special jurors ot be written on separ-
ate cards of equal size and placed in separate boxes to be called The Com-
mon Jurors Ballot Box and The Special Jurors Ballot Box:and such
boxes shall be kept locked.
Formation of Panels of Jurors.
10.-(1.)Whenever it is necessary to summon a common jury,a
Deputy Registrar shall,in the presence of the Registrar,open an draw
from the appropriate ballot box eighteen names in civil cases and
thirty names in criminal cases to form a panel,and whenever from any
cause the jurors drawn cannot be served,it shall be lawful for a Duputy
Registrar to re-open the ballot box and in manner aforesaid draw fresh
named therefrom as often as may be necessary to secure the full number
of jurors required to be drawn.
(2.)The cards with the names of those who do not actually serve and
are not dead or permanently incapacitated shall be returned to the
ballot box,and the cards with the names of those who actually serve
shall be locked up in a separate box until all the names in the ballot box
are exhausted by subsequent panels,when they shall be returned to the
ballot box,if required,for the purposes of the current year.
11.Whenever it is necessary to summon a special jury,such jury
shall be drawn in the manner hereinbefore provided for obtaining a com-
mon jury,with this exception that in civil cases the number to be drawn
from the ballot box shall be seventeen and in criminal cases twelve.
12.The party applying for a special jury,and who has obtained a
rule or order of the Court or of a Judge for that purpose,shall,when the
cause is set down in the general hearing list,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 the Court or Judge shall be
of no effect.
13.In forming any panel,the Registrar shall pass over the names of
all persons who are dead or absent from the Colony,but shall return to
The Common Jurors Ballot Box or The Special Jurors Ballot Box,as
the case may require,the names of any temporary absentees which may
be drawn.
14.The Registrar shall,before the sitting of any Court whereat either
a common or special jury is necessary,issue summonses,according to
the form in the Schedule to this Ordinance,requiring the attendance
thereat of the persons drawn from the ballot box,and every such sum-
mons shall be personally served on 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.
15.The Registrar shall cause a list containing the names,places of
abode,and additions of the persons so summoned to be made out as soon
as conveniently may be after the summonses have been served.
16.-(1.)In any information or indictment for a criminal offence,it
shall be lawful for the Attorney General,acting on behalf of the Crown,
be written notice to the Registrar,or for any Judge of the Court,on the
application of any private prosecutor or on the application of any pri-
soner or accused person against whom an information or indictment has
been filed,to order a special jury to be summoned for the trial of any
case.
(2.)On the receipt of such notice or on any such order being made,
the Registrar shall forthwith proceed to form the panel of such jurors,
and to summon them in manner hereinbefore provided.
Procedure at Trial.
17.At the sitting of the Court,the names of all the jurors summoned,
whether common or special,shall be written on separate cards of equal
size and put into a box,and the Registrar or Clerk of the Court shall,
in open Court,draw therefrom until a jury is obtained.
18.-(1.)After the jury have been sworn or charged with any pri-
soner or accused person,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,in case and as often as the COurt may adjourn
before the case has been so left with the jury,then such jury may,if
the Judge so directs,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 express leave of the Judge.
(2.)If,after the case has been so left with the jury,the jury desire to
withdraw of 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 or speak to them himself,except to ask whether
they are agreed upon their verdict or to communicate between them and
the Court:Provided always that it shall be in the discretion of the
Judge in all cases to dispense with any of the foregoing provisions,and,
in the event of any adjournment,to direct the jury to be removed to
some convenient place in the vicinity of the Court during such adjourn-
ment,under the charge of the proper officer of the Court,or to allow the
jury to separate for such time and subject to such conditions as to the
Judge may seem fit.
19.The names of the persons drawn as jurors shall be marked on
the list provided for in section 15,and the cards with such names shall
be kept apart by themselves until all the cards in the box have been
drawn:Provided always that,if any case is 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 the trial of teh case which is so brought
on to be tried:Provided,also,that where no objection is made on
behalf of the plaintiff or prosecutor or on behalf of the defendant or
prisoner or accused person,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,or to order the name of any person on such jury,whom
both parties may consent to withdraw or who may be justly challenged
or excused by the Court,to be set aside and another name to be drawn
from the box,and to try the case with the residue of such original jury and with such person or persons whose name or names is or are so drawn
and who appears or appear.
20.Whenever the jury in a criminal case are not unanimous in their
verdict,it shall be lawful for the Judge to direct them ro withdraw
from the Court room for the purpose of considering their verdict in
private.
21.-(1.)In the event of any of the jurors dissenting from the residue,
the jury shall retire to consider their verdict,and,after reasonable con-
sultation,the verdict in civil cases of a majority and in criminal cases
of a majority consisting of not less than five jurors shall be held and
deemed to all intends and purposes to be the verdict of the jury:Provided
always that,if any person is arraigned for any offence visited by the
law with capital punishment,then and in such case the jury must be
unanimous in their verdict of guilty or not guilty;but if a majority,
consisting of not less than five persons as aforesaid,find such person
guilty of a less crime than the capital one,then the finding of such
majority shall be the verdict,and sentence shall follow accordingly.
(2.)If in any case it seems for any cause to be desirable to the Judge
to do so,he may direct the jury to further consider their verdict.
22.In the event of the death,illness,or default of attendance of any
one or two of the jurors during the trial of any action,suit,information,
or indictment,it shall be lawful for the Court,in its discretion,to order
the trial of such action,suit,information,or indictment to be proceeded
with in like manner as if the full number of jurors had continued to
serve on the jury,and any verdict returned by the remaining jurors,or in
civil cases by a majority,or in criminal cases by a majority consisting of
not less than five remaining jurors shall be of equal validity and have
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 a criminal
case when the offence charged is visited by the law with capital punish-
ment,the jury shall not consist of less than seven men:Provided,also,
that it shall be lawful for the Court,instead of proceeding with the trial
withthe remaining jurors,to cause a new jury to be empanelled,sworn,
and,if necessary,charged with any prisoner or accused person;and ther
action,suit,information,or indictment shall be tried as if such first
jury had not been empenelled.
23.The verdict of the jury shall in all cases be given by the foreman
in open Court and in the presence of all the jury,and if in a criminal
proceeding in the presence of the prisoner or accused person,and shall
thereupon be recoded by the Registrar;and the Registrar shall,before
taking the verdict,ask if they are all or by what majority agreed there-
on,and whether they find for the plaintiff or for the defendant,and,in
the case of a prisoner or accused person,whether they find such prisoner
or accused person guilty or not guilty;and the jury shall either pro-
nounce a general verdict for the plaintiff or defendant,or of guilty or not
guilty,or else shall return a special verdict finding the facts of the case:
Provided always that the jury may acquit any prisoner or accused person
of a part of the charge against him,and find him guilty of the remainder.
24.Whenever the jury in any case have withdrawn and been kept
apart for the purpose of considering their verdict,and have not return-
ed the same before all the other cases for trial at the same sitting or
session have been disposed of,and when ir sufficiently appears to the
Court that the said jury cannot agree upon a verdict,and that discharge
such jury,and shall cause a new jury to be empanelled and sworn and
charged with any prisoner or accused person,and the action,suit,
information,or indictment shall be tried as if such first jury had not
been empanelled.
25.Nothing in this Ordinance shall prevent the Court from exempt-
ing,in its discretion,any person from serving as a juror on any trial or
from removing the name of any person from the list of jurors,on cause
being shown for so doing.
26.No person who is put upon his trial either for treason,felony,or
misdemeanor shall be allowed to challenge any of the jurors except for
cause.
27.Whenever there is a deficiency of jurors,it shall be lawful for
the Court,at the prayer of either of the parties in the action or suit or
of the prosecutor,prisoner,or accused person,to put upon the jury so
many good and lawful men of the bystanders or others who can be
speedily procured as may be sufficient to make up the full number
thereof.
Miscellaneous Provisions.
28.-(1.)The remuneration of special jurors in civil cases shall be
twenty-five dollars each for each day of every trial.
(2.)In criminal cases special jurors shall not be entitled to any
remuneration:Provided always that the Judge,on an application for
a special jury by any prisoner or accused person,may order such special
jury to be remunerated as in civil cases,and that such prisoner or
accused person shall deposit with the Registrar or other officer of the
Court a sum sufficient to cover the expenses of such special jury;
otherwise such order to be of no effect.
29.If any juror,having been duly served with a summons,in
accordance with the provisions in that behalf hereinbefore contained,-
(1.)fails to attend;or,
(2.)being present,does not appear when called;or,
(3.)after appearance,withdraws himself without the permission of
the Judge,
the Judge shall,unless some reasonable excuse is proved upon oath or
affidavit or otherwise to his satisfaction,set upon the person so making
default such fine,not exceeding the sum of one hundred dollars,as to
the Judge may seem meet.
30.All fines imposed under the provisions of this Ordinance shall be
levied in such manner as the Court or any Judge thereof may direct,
and,when levied,shall be paid to the Registrar and accounted for by
him to the Colonial Treasurer.
31.On the trial of any civil or criminal case,either party,or the
prosecutor or prisoner or accused person,shall be at liberty to apply to
the Court for a rule or order for the inspection by the jury of any
property the inspection of which may be material to the proper determi-
nation of the proceedings in question,and it shall be lawful for the Court,
if it thinks fit,to make such rule or order,on such terms as to adjourn-
ment,costs,and otherwise as the Court may direct.
32.Whenever it necessary to summon a jury in the Summary Juris-
diction of the Supreme Court,the number drawn to form a panel shall
be six.Subject as aforesaid,the provisions of this Ordinance,so far as
the same are applicable,shall apply to such juries.
33.In any inquiry into the idiotey,lunacy,or unsoundness of mind
of any person,any issue determinable by the verdict of a jury shall be
tried by a common or special jury as the Judge may direct,and such
jury shall be constituted in the same manner in all respects as to the
number and qualification of the jury,and be summoned in the same man-
ner,and serve under the same conditions in every particular as if such
jury had been empanelled for the trial of any ordinary issue in the Court:
Provided that in every such case the alleged idiot,lunatic,or person of
unsound mind shall have a right to have the issue determined,if he so
desires,by a special jury.
34.Every person,not being a Christian,who may be summoned to
serve as a juror in any case,whether civil or criminal,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 I will hearken to the
evidence ,and a true verdict give,to the best of my skill and knowledge,
without fear,favour,or affection.
35.In cases not provided for by this Ordinance,the law for the time
being in force in English relating to jurors and juries shall,in so far as the same does not conflict with the provisions of this Ordinance,have
force and effect within the Colony;but nothing in this section shall be
deemed to relate to jurors or juries on Coroners' inquests.
SCHEDULE.
FORM OF SUMMONS TO JUROR.
Mr. A.B.
You are hereby summoned to appear as a juror [or special juror] at the
Supreme Court to be holden at in this Colony on the
day of ,1 ,at the hour of o'clock in the noon,and there
to attend from day to day until you shall be discharged from the Court.
(Signed.)
C.D.,
Registrar.
N.B.-The penalty for disobedience hereto is any sum not exceeding one
hundred dollars.
A.D. 1887. Ordinance No. 18 of 1887, with Ordinances No. 2 of 1860 s. 1, No. 3 of 1894, and No. 18 of 1901 incorporated. Short title. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. See Ordinance No. 1 of 1884. Want of qualification or exemption to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of com- mon and special jurors. Return of lists, when settled, to Registrar, etc. Placing of names in ballot boxes. Formation of panel of common jurors. Formation of panel of special jurors. Special jury in civil actions. Passing over of certain names in forming panel. Summoning of jurors. Schedule. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling of new jury for new case. Withdrawal of jury to consider verdict. Verdict of majority to prevail, except in capital case. Provision in case of death, illness, or non-attendance of juror. Mode of giving verdict. Case of jury not agreeing upon verdict. Power to the Court to exempt juror. No challenge except for cause. Talesmen. Remuneration of special jurors. Fining of juror for non-attendance, etc. Levying of fines. Inspection of property by jury. Jury panel in Summary Jurisdiction cases. Jury in lunacy case. Declaration by non Christian juror in lieu of oath. Application of law of England in case not provided for by the Ordinance.
Section 14.
Abstract
A.D. 1887. Ordinance No. 18 of 1887, with Ordinances No. 2 of 1860 s. 1, No. 3 of 1894, and No. 18 of 1901 incorporated. Short title. Number of jurors on trial. Qualifications and disabilities. Exemptions from service. See Ordinance No. 1 of 1884. Want of qualification or exemption to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of com- mon and special jurors. Return of lists, when settled, to Registrar, etc. Placing of names in ballot boxes. Formation of panel of common jurors. Formation of panel of special jurors. Special jury in civil actions. Passing over of certain names in forming panel. Summoning of jurors. Schedule. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling of new jury for new case. Withdrawal of jury to consider verdict. Verdict of majority to prevail, except in capital case. Provision in case of death, illness, or non-attendance of juror. Mode of giving verdict. Case of jury not agreeing upon verdict. Power to the Court to exempt juror. No challenge except for cause. Talesmen. Remuneration of special jurors. Fining of juror for non-attendance, etc. Levying of fines. Inspection of property by jury. Jury panel in Summary Jurisdiction cases. Jury in lunacy case. Declaration by non Christian juror in lieu of oath. Application of law of England in case not provided for by the Ordinance.
Section 14.
Section 14.
Identifier
https://oelawhk.lib.hku.hk/items/show/635
Edition
1901
Volume
v1
Subsequent Cap No.
3
Cap / Ordinance No.
No. 6 of 1887
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“JURY ORDINANCE ORDINANCE, 1887,” Historical Laws of Hong Kong Online, accessed June 2, 2025, https://oelawhk.lib.hku.hk/items/show/635.
