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Special Jurors have, however, by a local law of the Colony, been hitherto allowed a fee of $10 for each case in which they serve, Common Jurors on the other hand being allowed nothing, though it must be supposed that, in at least some cases, they, relatively to their means, lose fully as much as Special Jurors by the performance of this duty.
As inclusion in the list of Special Jurors exempts from service on Common Juries, and is therefore a privilege, which is not unfrequently solicited, it would seem that payment, if made to only one of the two classes, should be made rather to Common Jurors; and yet application is now made which if granted, would increase what His Excellency regards as the undue preference in favour of Special Jurors already existing. For the reason above indicated, His Excellency is of opinion that if there were to be any change in the law it should be one abolishing fees to Jurors altogether.
His Excellency observes that the Committee regard their application as "almost "without the pale of the Government to refuse" (1) because " it is based on the strictest equity" (2) because "it does not involve a charge upon the whole commu- nity, but only upon litigants" (3) because the Special Jurors are unanimously in its favour," and (4) because "the silence of the rest of the Community, must be taken as approval of the application."
His Excellency is unable to concur in this view. For reasons given above he regards the proposal, instead of being equitable, as wrong in principle and as increasing an inequality already existing. Moreover, bearing in mind that litigants are by no means wholly confined to the class of Special Jurors, he does not consider it his duty to favour what would practically be a tax on a portion of the commu- nity, because there is said to be unanimity in its favour on the part of those who alone benefit by it; nor does he feel himself bound to accord an application because after the very few interested have given their opinion on it, there has been no expression of adverse opinion on the part of the public, and this especially as the decision of the Government rendered any such adverse expression unnecessary.
His Excellency further observes with surprise that the Committee regard the case of India (where it appears that Special Jurors are not paid) as having no ana- logy with that of Hongkong, on the ground of" the enormous disparity in the number of the class from which Special Jurors are drawn in India compared with Hongkong," and because for this reason "in India the tax on the Commercial "community is light, while in Hongkong it is a positive burden."
៩៩
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His Excellency presumes that the Committee have statistics to justify the statement as to this enormous disparity, but in their absence he should have been inclined to question its existence, and to believe that the number of Special Jurors in India (like that of Europeans) bears a much lower and not a higher proportion to the total population than it does in Hongkong.
In any case the duty devolving on Special Jurors in Hongkong though no doubt "a positive burthen" can scarcely be regarded as an exceptional hardship seeing that it on the average involves to each Juror service only once in eighteen
months.
But however this may be, His Excellency is especially surprised that the Committee should now repudiate the existence of any analogy in the case of India, inasmuch as it was at their own suggestion (contained in their letter of 30th April, 1888,) that he made enquiries as to the Indian practice.
While much regretting that he is unable to grant an application which is urged with so much persistency by a body containing many deservedly influential members of the community, His Excellency is at the same time glad to remember that there always has been, and to hope that there always will be, complete accord- ance between his views and theirs as to all matters of real importance to the Colony.
I have the honour to be,
Sir,
Your most obedient Servant,
FREDERICK STEWART, Colonial Secretary.
The Honourable P. RYRIE,
Chairman, Hongkong General Chamber of Commerce.