2
265
No. 16
89.
SIR.
HONGKONG.
SPECIAL JURORS.
Presented to the Legislative Council, by Command of His Excellency the Governor,
Secretary, Hongkong General Chamber of Commerce, to the Colonial Secretary.
HONGKONG GENERAL CHAMBER OF COMMERCE,
HONGKONG, 30th April, 1888.
I am directed by the Committee of the Chamber of Commerce, to invite the attention of His Excellency the Governor, to the amount of the Fee paid to Special Jurors in Civil cases tried in the Supreme Court of this Colony.
The fee now payable by law to each Special Juryman is Ten Dollars for each case, irrespective of the importance of the suit or the number of days the trial may last; this small sum it is believed is paid under the Provisions of Ordinance No. 18 of 1887, but it apparently was originally fixed by Ordinance No. 7 of 1845, in the very early days of the Colony when the suits were much less compli cated than they are now, were comparatively few in number, and seldoin lasted over one day.
Formerly, when the Mails arrived and were despatched first monthly and then fortnightly, it appears that the trials were, as a rule, fixed for the weeks during which there were no mails and Merchants could reasonably give up a portion of their time.
At present, it may be said, there is very little or no leisure time, that every day is, in a sense, Mail day, and it is impossible to fix a trial so that it shall not interfere very seriously with business, besides trials have increased in complexity and length often involving a sitting of several days.
The seven gentlemen drafted to attend the Court, for each trial by Special Jury, are, or they would not be Special Jurors, persons holding responsible positions either as heads of houses or of departments of business, every moment of whose time is of value.
In the opinion of the Committee, a single payment of Ten Dollars is wholly inadequate to compensate Special Jurymen for the extra work thrown on them by the performance of their duties, and if litigants demand the services of specially qualified men it is only reasonable that the latter should be paid for their time, at least. This is recognized by the fact that a fee is paid and enforced by law; if it was just to pay a single fee of Ten Dollars, thirty years ago, the Committee think that under the change of circumstances Ten Dollars per day is not too much to pay now.
The Committee believe that in the Indian Courts it is the practice to pay Special Jurors by the day, and not by the case, consequently, if it were needed, a precedent exists for the suggestion, and the Committee desire me respectfully to express their hope that His Excellency will see his way to give effect, either by Ordinance or otherwise, to the Chamber's proposition.
I have the honor to be,
Sir,
Your most obedient Servant,
H. U. JEFFRIES,
Secretary,
The Honorable F. STEWART, LL.D.,
Colonial Secretary.