JURY ORDINANCE, 1887

JURY ORDINANCE, 1887

No. 6 of 1887.

To amend and consolidate the law relating to Jurors.

[1st June, 1887.]

1. The Jury Ordinance, 1887.

2. In all civil and criminal trials and in all inquiries into the
idiorcy, lunacy, or unsoundness of mind of any person, the jury,
if any, shall, except where otherwise specially provided, consist of
7 men.

3. Every male person between the age of 21 and 60 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, and is not ignorant of the English language, shall be
qualified and liable to serve as a juror, subject to the exceptions
hereinafter provided.

4. The following persons shall not be liable to serve as jurors:-

(1) unofficial members of the Executive or Legislative Council;

(2) all person 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) registered medical practitioners and surgeons, and dentists;

(6) editors of daily newspapers in the Colony and their staff;

(7) chemists and druggist actually carrying on business as such;

(8) clergyment of the Church of England, Roman Catholic
priests, ministers of any congregation of Protestant dissenters or
of Jews functioning in the Colony;

(9) masters of any school other than a vernacular school in the
Colony; professors, lecturers, and other academic officers of the
University of Hongkong;

(10) officers employed on full pay in the naval or military service
of His Majesty; and

(11) masters of steamers and local pilots.

5. 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 satisified of the
fact and so directs; but not such want of qualification or exemtpion,
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.
6. Every person who refuses or neglects to forward to the
Registrar in writing on demand by him, or by some person duly
authorised by him, within the time specified in the said demand,
his name and surname at full length, together with his profession,
business, or occupation and place of abode, shall, on summary
conviction, be liable to a fine not exceeding 100 dollars.

7.-(1) The Registrar shall, on or before 1st February in each
year, make an alphabetical list of all persons ascertained by him
to be liable to serve as jurors, setting forth the name and surname
of each at full length, together with his profession, business, or
occupation and place of adode, and shall cause a copy of such list
to be posted for the term of one fornight at the 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
respectively either added to or struck off from the list; upon cause
duly assigned in such notice; and the Registrar, immediately after
the expiration 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 Councils.

(3) The Legislative Council may strike off from or add to the
list such name or any other name as to the Council may appear fit,
and shall mark off not less than 24 of the names to be formed into
a separate list which shall be designated the 'Special Jurors List,'
and all other names contained in the list shall be designated the
'Common Jurors List'.

8. The lists, when finally settled, shall be returned to the
Registrar and shall be brought into use on 1st March next following
and shall continue in force for one year.

9. The Registrar shall cause the names of the common and
special jurors to be written on separate cards of equal size and
placed in separate boxes to be called the 'Common JUrors Ballot
Box' and the 'Special Jurors Ballot Box,' which shall be kept
locked.

10.-(1) Whenever it is necessary to summon a common jury,
a Deputy Registrar shall, in the presence of the Registrar, open
and draw from the ballot box 18 names in civil case and 30 names
in criminal case to form a panel; and whenever from any cause
the jurors drawn cannot be served, a Deupty Registrar shall reopen
the ballot box and in manner aforesaid draw fresh names therefrom
as often as may be necessary to secure the full number of jurors
required.

(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 years.

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

12. The party applying for a special jury, and who has obtained
an 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 a sum sufficient to cover the expenses of the special jury,
otherwise the order shall be no effect.

13. In forming any panel, the Registrar shall pass over the names
of all persons which may be drawn who are dead or absent from
the Colony, but shall return to the ballot boxes the names of any
temporary absentees.

14. The Registrar shall issue summonses, according to the form
in the schedule, which shall be personally served on or left at the
usual place of abode of the persons drawn 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.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, on the application of any prviate
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 the panel of such jurors, and summon them in manner hereinbefore
provided.

17. At the sitting of the Court, the names of all the jurors summoned
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 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 them 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.

(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 or speak to
them himself, except to ask whether they are agreed upon their
verdict or to communicate between them and the Court.

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

As amended by No. 62 of 1911 and No. 63 of 1911,
As amended by No. 62 of 1911.

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
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: Provided
also, that 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 execused
by the Court, to be set aside and another name to be drawn from
the box.

[s. 20, rep. No. 62 of 1911.]

21.-(1) In the event of any of the jurors, after reasonable consultation,
dissenting from the residue, the verdict in civil cases of
a majority, and in criminal cases of a majority composed of not
less than 5 jurors, shall be taken to be the verdict of the jury:
Provided always, that if any person is arraigned for any offence
punishable with death the jury must be unanimous in their verdict
of guilty or not guilty; but if a majority, composed of not less than
5, find such person guilty of a less crime, 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, the
Judge 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
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 composed of not less than 5 of the remaining
jurors shall be of equal validity as if it had been returned by a jury
consisting of the full number of jurors:

Provided that in a criminal trial for an offence punishable with
death, the jury shall not consist of less than 7.

23. The verdict of the jury shall in all cases be given by the foreman
in open Court an din 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; and the Registrar
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 always that the jury
may acquit any person accused 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 returned the same before all the other cases for trial at the same
sitting or session have been disposed of, and 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.

25. Nothing in this Ordinance shall prevent the Court from exempting,
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 of
the prosecutor or person accused, 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.

28.-(1) The remuneration of special jurors in civil cases shall
be 25 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 person accused, may order such special
jury to be remunerated as in civil cases, and that such person accused
shall deposit with the Registrar 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,-

(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 otherwise to his satisfaction , impose upon him a fine not
exceeding 100 dollars.
30. 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.
31. on the trial fo 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.
32. whenever it is necessary to summon a jury in the summary
jurisdiction of the supreme court , the number drawn to form a
panel shall be 6 , and the provisions of this ordinance, so far as they
are applicable , shall apply to sucb juries.
33. in any inquiry into the idiotcy , iunacy , or unsoundness of
mind of any person , any issue determinable by the verdict ot a jury
shall be tried like an ordinary issue in the court by a common or
special jury as the judge may direct: provided that the alleged
idiot, iunatic , or person of unsound mind shall have a special jury
as of right. 34. Every person, not being a christian , who may be summoned
to serve as a juror in any case, may in lien of the oath now required
to be taken, make the following declaration:-
1, A.B., do solemnly,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 in force
in England relating to jurors and juries shall, in so far as, the same
does not conflict with the provisionss of this Ordinance, have force
and effect within the Colony; but nothing in this section shall be
deenied to relate to Jurors or juries on Cororters' inquests.
SCHEDULE . [S.14.]
FORM OR 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 ,19 , at the hour fo 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 100 dollars.

Short title. Number of jurors on trial. Qualifications and disabilities. Exemptions from services. Want of qualification to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of common and special jurors. Return of list, when settled, to Registrar, etc. Names to be placed in ballot boxes. Formation of panel of common jurors. Panel of special jurors. Special jury in civil actions. Passing over names for panel. Summoning of jurors. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling new jury for new case. 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. Challenge for cause only in criminal cases. 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 cases. Declaration by non-Christian juror in lieu of oath. Application of law of England in cases not provided for.

Short title. Number of jurors on trial. Qualifications and disabilities. Exemptions from services. Want of qualification to be ground of challenge but not of avoiding trial. Duty to send in name for jury list. Formation of lists of common and special jurors. Return of list, when settled, to Registrar, etc. Names to be placed in ballot boxes. Formation of panel of common jurors. Panel of special jurors. Special jury in civil actions. Passing over names for panel. Summoning of jurors. Making of list of jurors summoned. Special jury in criminal case. Ballot for jury. Keeping jury together. Empanelling new jury for new case. 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. Challenge for cause only in criminal cases. 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 cases. Declaration by non-Christian juror in lieu of oath. Application of law of England in cases not provided for.

https://oelawhk.lib.hku.hk/items/show/835

1912

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No. 6 of 1887

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