354
THE HONGKONG GOVERNMENT GAZETTE, 27TH JULY, 1872.
Title.
Preamble.
Trial of Information by Special Jury.
Mode of
&c.
HONGKONG.
ANNO TRICESIMO SEXTO VICTORIA REGINE.
SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B.. Governor and Commander-in-Chief.
No. 8 of 1872.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to further amend the Law relating to Criminal Procedure.
[23rd July, 1872.]
WHEREAS it is expedient to further amend the Law relating
to Criminal Procedure 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:-
I. All Informations for Criminal Offences, may be tried by a Special Jury, anything in Section XVII of Ordinance No. 11 of 1864 to the contrary notwithstanding. It shall be lawful for the Attorney General by written Notice to the Registrar of the Supreme Court, or for any Judge of the Court, upon 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.
II. Upon the Receipt of such Notice from the Attorney General, forming Panel, or upon any Order of the Court to that Effect being made, the Registrar shall proceed to form a Panel of Fourteen Special Jurors, and the said Panel shall be formed and the said Jurors summoned in accordance with, and they shall in all Particulars be subject to the Provisions of Ordinance No. 11 of 1864, respecting Common Juries upon Criminal Trials.
Remuneration in Criminal L'ases, except by Order of the Court.
Special Jurors III. Special Jurors shall not be entitled to any Remuneration entitled to no in Criminal Cases: Provided that the Court may, upon the Application of any Defendant or Prisoner for a 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 of the Special Jury; otherwise the Order of the Court to be of no Effect.
How Jury
sworn or
kept.
IV. Section II of Ordinance No. 7 of 1868 and Section XXU of Ordinance No. 11 of 1864 are hereby repealed, and the Words charged with
following shall be substituted for such last mentioned Section, and Prisoner to be
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 themselves, 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 left 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 he 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, or 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 Court: Provided always that it shall be in the Discretion of the Court in all Cases to dispense with any of the foregoing Provisions."
Amendment of Section 23 of
Ordinance No. 11 of 1864.
V. 'Section III of Ordinance No. 7 of 1868, is hereby repealed, and there shall be added to Section XXIII 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.
Passed the Legislative Council of Hongkong, this 23rd Day of July, 1879.
L. D'ALMADA E CASTRO,
Clerk of Councils.