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The Chairman of the House Committee of this Council has raised with the Administration Members' concern that a possible conflict of interest may arise if staff of the Legal Service Division of the Legislative Council Secretariat who have advised Members on draft legislation are subsequently summoned to act as jurors. At present, lawyers working in the Legal Department, the Legal Aid Department, the Official Receiver's Office and the Intellectual Property Department are exempt from jury service. We therefore propose that the Legal Adviser of the Legislative Council Secretariat and his legally-qualified assistants who are in the full-time employment of the Legislative Council Commission should also be exempt.
The wives of the Chief Justice, the Justices of Appeal and the judges of the High Court are at present exempt from jury service to avoid possible conflicts of interest. As there are now female judges in the High Court, we propose that the husbands of female judges should also be exempt.
Clause 5 of the Bill therefore amends the Jury Ordinance to exempt from jury service the Legal Adviser of the Legislative Council Secretariat and any of his legally- qualified assistants who are in the full-time employment of the Legislative Council Commission, and the spouses, instead of just the wives, of the Chief Justice, the Justices of Appeal and judges of the High Court.
Mr President, this Bill constitutes a necessary reform to the jury system in Hong Kong and I commend it to this Council for early passage into law.
End