A
1979/57
the Copy of a Report that
I have caused to be prepared
the
e provisions of this
the
Enderiance, and
Schall
postpone submitting
A to Her Majesty until
the amendments suggested in this Paport shell have
been considered by yourulf and
and the
Legislative Council of Henry Harry.
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HONGKONG.
ANNO DECIMO QUINTO VICTORIE REGINE.
No. 4 of 1851,
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BY His Excellency Sir SAMUEL GEORGE BONHAM, Knight Com- mander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary, and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
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AN ORDINANCE TO REPEAL THE ORDINANCES No. 7 OF 1845, EN- TITLED "AN ORDINANCE FOR THE REGULATION OF JURORS AND JURIES," AND No. 4 OF 1849 PASSED FOR THE AMENDMENT THEREOF, AND TO CONSOLIDATE AND AMEND THE ENACTMENTS RE- LATING TO JURORS AND JURIES.
Title.
Preamble.
WHEREAS it has been deemed expedient to repeal the said
[10th September, 1851.] Ordinances No. 7 of 1845, and No. 4 of 1849, and to ordain other Provisions for the Regulation of Juries in Civil and Critninal Cases :- I. Be it therefore enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, That the said two last mentioned Ordinances be and are hereby The Ordinances repealed, and that all Questions of Fact, subject to the Exception No. 7 of 1845, hereinafter contained, whether of a Civil or Criminal Nature, upon which and No.4 of 1849, Issue shall be taken in the course of any Proceeding before the Supreme ing or Verdict of Court, and all Questions of Idiocy, Lunacy, and Ursoundness of Mind, a Majority of + repealed. Find- shall be decided by a Jury of Six Men. And that in the event of any Jurors out of 6, Two or One of the said Jury dissenting from the others, the unanimous to be held as the Verdict or Finding of a Majority of Four, shall be held and deemed to Verdict of the all Intents and Purposes as the Verdict or Finding of the said Jury of Capital
Jury, unless in
Cases,
Six Men. Provided always, that if any Traverser or Defendant be where Unanimity arraigned for any Offence visited by the Law with Capital Punishment, shall be requisite. then and in such Case the said Jury of Six Men must be unanimous in their Verdict or Finding of Guilty, in the same Manner as required before the Repeal of the said two last mentioned Ordinances, in order But should
to ground or warrant a Sentence of Capital Punishment. such a Majerity of the said Jury of Six find any Traverser or Defendant guilty of a lesser Crime than the Capital one, on which he may have been arraigned, then due Sentence of Law shall follow the Verdict or Finding of such Majority.
Who qualified
II. And be it further enacted and ordained. That every Male Person between the Ages of Twenty-one and Sixty Years, being of sound Mind, to serve as Ju- and not afflicted with Deafness, Blindness, or other Infirmity, who rors. shall be a good and sufficient Person resident within the said Colony, shall be qualified and liable to serve as a Juror therein: Provided, that no Member of the Colonial Councils, or Person holding any Office or Situation of Emolument under the Government of Hongkong, nor any Barrister, Physician, Attorney, or Surgeon actually practising as such within the said Colony, nor any Clergyman, or Dissenting Minister, nor any Officer employed in the Military or Naval Service of Her Majesty or of the East India Company, nor any Person ignorant of the English Language, shall be, or be deemed liable to serve as a Juror in any Case.
III. And be it further enacted and ordained, That from and imme- Sheriff to make diately after the Publication of this Ordinance, the Sheriff of the said out Jury List, Colony of Hongkong shall make, or cause to be made out, a List in and alphabetical Order of all Men who shall be qualified and liable to serve same to Regis- as Jurors as aforesaid, setting forth the Christian and Surnames of each forward the same at full Length, together with his Place of Abode, and shall sign and through transmit a Copy of such List to the Registrar of the Supreme Court, Clerk who shall thereupon cause a Copy of such List to be posted for the Term Councils to the of One Fortnight on or in some conspicuous Part of the Court House, to Governor And LegislativeCoun-
transmit
trar, who shall
the
of the
the end that the Inhabitants of the Colony may, as the Case shall be, cil for Approval apply by Notice in Writing to the said Registrar requiring that their or Alteration. Names may be respectively either added to or struck off from the said List, upon Cause duly assigned in such Notice; and the said Registrar immediately after the Expiration of the Time for posting such List,
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