292
Title.
Preamble.
THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1864.
Ordinances repealed.
HONGKONG.
ANNO VICESIMO OCTAVO VICTORIE REGINÆ.
No. of 1864.
By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
An Ordinance for consolidating and amending the Laws relative to Jurors and Juries.
[ August, 1864.]
Whereas the Laws relative to the Summoning of Jurors and the formation of Juries are numerous and complicated, and it is expedient to consolidate and simplify the same and in some respects to amend the said Laws: Be it enacted by His Excel- lency the Governor of Hongkong with the advice of the Legislative Council thereof as follows:-
I. The several Ordinances and parts of Ordinances set forth in Schedule (A) to this Ordinance annexed, are hereby repealed to the extent to which the same are by such Schedule expressed to be repealed, except as to the now existing "Jurors' List," which shall continue in force until the first day of March now next ensuing, and except as to anything done or fine incurred before the coming into operation of this Ordinance.
All questions of fact II. All questions of fact whether of a Civil or Criminal nature upon which Issue
&c., to be de- exced by a Jury or shall be taken in the course of any Proceeding in the Supreme Court or before the Sheriff, Commissioner or other Officer of the same and all Questions of Idiotcy, Lunacy and Unsoundness of mind shall, except in cases otherwise provided for, be tried by a Jury of Seven Men.
Seven.
to be Verdict of Jury
requisite.
Verdict of Majority III. In the event of any of the Jurors dissenting from the residue, the Verdict of unless in Capital Cases a Majority shall be held and deemed to all intents and purposes to be the Verdict of where unanimity is the Jury; Provided always, that if any person be 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, but if such Majority should find such person guilty of a less crime than the Capital one, then sentence of law shall follow the verdict of the Majority.
Who qualified to serve as Jurors.
Names of Residents
on demand for the
IV. Every Male Person between the Ages of Twenty-one and Sixty Years, being of sound Mind, and not afflicted with Deafness, Blindness, or other Infirmity, who shall be a good and sufficient Person resident within the Colony shall be qualified and liable to serve as a Juror: Provided, that no Member of the Colonial Councils, nor Person holding any Office or Situation of Emolument under the Government, nor salaried Foreign Functionaries of Foreign Governments not carrying on business, nor any Barrister, Physician, Attorney, or Surgeon actually practising as such within the Colony, nor any Chemist or Druggist carrying on his business therein, nor any Clergyman or Dissenting Minister, nor any Officer employed in the Military or Naval Service of Her Majesty, nor any Person ignorant of the English Language, shall be, or be deemed liable to serve as a Juror.
V. Every Person on demand by the Sheriff or some Person duly authorized by to be given to Sheriff him shall deliver in writing to the Sheriff or authorized Person as aforesaid his purpose of forming Christian or other Names, and the Surname or Names at full length under Penalty of
his refusing or neglecting so to do of a Sum not exceeding One hundred Dollars.
Jury List.
Penalty how levied.
Disposal of Fines.
Sheriff to make out Jury List and transmit
VI. Such Fine shall be imposed and levied at the discretion and under Order of the Supreme Court on Complaint made by the Sheriff to the said Court in that behalf.
VII. All Fines so levied shall be paid into the hands of the Registrar of the Supreme Court and by him accounted for to the Colonial Treasurer.
VIII. The Sheriff shall make a List in alphabetical order of all men who shall be same to Registrar, who qualified to serve as Jurors, setting forth the Christian and Surnames of each at full shall forward the same length, together with his place of abode, and shall sign and transmit a copy of such through the Clerk of List to the Registrar of the Supreme Court, who shall thereupon cause a copy of such Governor and Legis- List to be posted for the Term of One Fortnight on or in some conspicuous Part of lative Council for the Court House to the end that the Inhabitants of the Colony may, as the Case shall be, apply by Notice in writing to the Registrar requiring that their names may be
the Councils to the
Approval or Altera-
tion.