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Ord. No. 3/86
Amendment of section 25.
4.
JURY (AMENDMENT)
(ii) if the number of jurors has been reduced to accordance with section 25, the verdict of a majority con- sisting 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 con- sisting 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.".
Section 25 of the principal Ordinance is amended—
(a) in subsection (2), by deleting "subsection (3)" and substituting the following-
"subsections (3) and (4)"; and
(b) by deleting subsection (3) and substituting the following—
“(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.
(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.".
Passed by the Hong Kong Legislative Council this 29th day of January 1986.
JURY (AMENDMENT)
Ord. No. 3/86
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This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.
LAW Kam-sang,
Clerk to the Legislative Council.