1947-HKRS28-8-14_Part04 — Page 17

Addition

of section

BA to the

principul Ordinanve

Rapori and replacement of section

16 of the

principal Ordinance

2

6. The principal Ordinance is hereby amended by the insertion therein after section 8 of the following section sa section 8A :--

"Power to

add to saltled Jury Lista

SA. (1) If any person becomes liable for inclusion in the list of special jurors or in the list ol common jurors at a date subsequent to the Battle- ment of any such list in manner provided in section 7 and section 8, the Registrar shall, subject to the provisions of this section, cause the name of such person to be posted for fourteen days at one of the entrances to the Courts of Justice.

(2) Any person may within the said fourteent days apply by notice in writing to the Registrar requiring that his name or the name of some other person may be pusted or removed, upon cause duly assigned in such notice, and the Registrar shall, in his discretion, post or remove such name as he thinks fit.

(3) As soon se possible after the expiration of the said period of fourteen days, the Registrar shall make a list of the names ao posted and forward it to the Clerk of Councils together with any notices served on him under the provisions of sub- section (2).

(4) The said list and notices shafi thereupon be considered by the Governor in Council, who may strike off any name from the list, and who shall accordingly finally settle the said list,

(5) The list when finally settled by the Governor in Council shall be returned to the Registrar, who shall cause necessary addition to be made to the lists settled in manner provided by section 8. Such additions shall, from time to time,

be published in the Gazette.

(6) Any such person whose name has been so added shall, for all purposes, be dected to be a juror whose name appeared in the lists settled in manner provided by section 8."

7. Section 16 of the principal Ordinance is hereby repealed and replaced as follows :-

"16. In any information or judictuent for u criminal offence, it shall be lawful for the Attorney General by written notice to the Registrar, or for any judge, at his own instance or on the application of any private prosecutor or of the person accused, to order a special jury to be summoned for the trial of the case und the Registrar shall forthwith form a panel of such jurors, and summon them in manner hereinbefore provided."

C

8. The principal Ordinance is hereby amended by the insertion therein after section 16 of the following section as section 164 1-----

"Special powere of judge

compost. Lion of Jury.

ما

16A. It shall be lawful for any judge before whom a case is or may be heard, in his discretion-

(a) on an application made by or on behalf of the parties (including in criminal cases the prosecu- tion and the accused) or any of them, or at his own instance, to ranke an order that the jury shall be composed of men only or of women only, as the ouse may require;

(6) on an application made by a woman to be exempted from service on a jury in respect of any case by reason of the nature of the evidence to be given or the issues to be tried, to grant such exemption."

Addition of section 16A bu the principal Ordinance.

9. The principal Ordinance is bereby amended by the Addition of addition thereto of the following section as section 36 :-

"Hales

36. (1) The Chief Justice may make rules for carrying this Ordinance into effect. Without prejudice to the generality of the foregoing power such rules may prescribe-

(a) forms and summonses:

(b) the manner in which and the time within which application may be made for exemption from service as a furor:

(c) liability, upon summary conviction, to a fine not exceeding one hundred dollars, upon any person who fails to furnish in the prescribed manner parti- culars demanded by the Registrar under section 6.

(2) Any such roles shall be laid as soon as may be before the Legislative Council and if that Council disapproves of such rules, or any of them, the rules so disapproved of shall henceforth be void, but without prejudice to the validity of anything done thereunder.

Passed the Legislative Council of Hong Kong, this Slat day of July, 1947.

Alastain Jack

Deputy Clerk of Councils.

baction

to the

principal

Ordinance.

}