THE HONGKONG GOVERNMENT GAZETTE, 30TH MAY, 1868.
HONGKONG
ANNO TRICESIMO PRIMO
VICTORIA REGINE.
SIR RICHARD GRAVES MACDONNELL, Knight, C.B., Governor and Commander-in-Chief.
No. 7 of 1868.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for amending the Laws relative to Jurors and Juries.
[23rd May, 1868.]
Whereas it is expedient to amend the Laws relative to Jurors and Juries:-Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:
Title.
Preamble.
219
Ordinance No. 11 of
I. There shall be added to Section XII of Ordinance No. 11 of 1864, the Words Section XII of following, that is to say:-"Provided always that it shall be lawful for the Registrar 1864 amended by to open the Ballot Box and draw fresh Names therefrom as often as may be necessary providing that to secure the full Number of Thirty Jurors at the Criminal Sessions.”
Registrar may open Box in order to secure requisite number.
II. Section XXII of Ordinance No. 11 of 1864, is hereby repealed, and the Words How Jury, when following shall be substituted for such Section, and shall be henceforth read as if the sworn or charged with
any Prisoner, to be same had been originally inserted therein :- "After the Jury in any case shall have been kept. 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 summoned 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 re-assemble 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, any 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 the provisions in this Section contained shall be obligatory only in cases of Capital Felonies and that in the discretion of the Court such of the foregoing provisions as to the Court may seem fit may be dispensed with in other cases of Felonies and in all cases of Misdemeanours.'
III. There shall be added to Section XXIII of Ordinance No. 11 of 1864, the Amending Section
XXIII of Ordinance
Words following, that is to say: "Provided always that the Court may in case of any No. 11 of 1864. adjournment, in its discretion, allow the Jury to separate for such time and subject to such conditions as to the Court may seem fit."
Panel for Coroner's
Jury.
IV. On the 1st Day of March in each Year, the Superintendent of Police or his Manner of forming Deputy shall cause the Names in the Jury List for the Year to be written on separate cards and to be placed in a Ballot Box to be kept for that purpose, and whenever it shall be necessary to summon a Coroner's Jury the Superintendent of Police or his Deputy shall draw from the said Box, Six of the said Names to form a Panel, and the cards so drawn shall thereupon be locked up in a separate Box therein to remain until the entire Number of the names in the Ballot Box shall be exhausted by subsequent Panels, when all the Names of the Jurors shall be returned to the Ballot Box, if required, for the Purposes of the current Year, and in such case the Names shall be redrawn in Manner aforesaid. Provided always that it shall be lawful for the Superintendent of Police or his Deputy to open the Ballot Box and draw fresh Names therefrom as often as may be necessary to secure the full Number of Three Jurors at an Inquest.