1950-HKRS29-8-17_Part03 — Page 40

Repeal and replacement of sub- section (1) of section 10 of the principal Ordinance.

Repeal and

7. Subsection (1) of section 10 of the principal Ordinance is hereby repealed and replaced as follows-

"Formation of panel

of common jurora. Ordinance No. # of 1898.

10. (1) Whenever it is necessary to summon a common jury other than under section 9 of the Coroner's Abolition Ordinance, 1888, and other than under section 32 hereof, the Registrar shall open the ballot box and draw therefrom such number of jurors' cards as a judge shall direct to form a panel. Whenever from any cause any juror whose card has been drawn cannot be served the Registrar shall re-open the ballot box and shall draw a fresh card therefrom to complete the number required for such panel. Such panel shall attend and serve for such a period as the judge shall direct. When- ever the judge so directs the Registrar shall divide such panel equally into two or more sets, and the first of such sets shall attend and serve, and the second and any sub- sequent set shall attend and serve, for such respective periods as the judge shall direct: Provided that not- withstanding that attendance and service for such a period shall have been so directed no juror shall be excused from attendance and service unless and until he shall have been discharged by the judge in respect of any case in which he has been called to serve as a juror.'

Section 14 of the principal Ordinance is hereby repealed replacement and replaced as follows-

of section 14 of the principal

Ordinance.

"Summon- 14. (1) The Registrar shall issue summonses ing of jurors.

according to Form No. 1 in the Scbedule, which shall Schedule,

be served on the persons drawn either personally, or by leaving the same at their residences or places of business, or by sending the same by registered post addressed to any such person at his residence or place of business : Provided that if any such summons be not served personally it shall be served four clear days before the day appointed for the sitting of the court and in addition in the case of service by post two clear days shall be allowed for delivery.

(2) A summons served by post under the provisions hereof and not returned as undelivered shall be considered as duly served in the absence of evidence to the contrary,

(3) IF

person summoned under the provisions hereof fails to attend as required by the Summons, it shall be lawful for an officer of the court or a police officer to warn him personally to attend before the court, and upon non-compliance with such warning it shall be lawful for a police officer with or without a warrant to apprehend him and bring him before the court."

9. Section 17 of the principal Ordinance is hereby repealed Repeal and and replaced as follows-

Ballot for jury.

replacement of section 17 of the

Ordinance.

17. The separate cards of all the jurors so sum. principa! moned to form a panel shall be put into a box, and the Registrar or clerk of the Court shall, in open Court, draw therefrom until a jury is obtained."

10. Section 36 of the principal Ordinance is hereby amended-

Amendment of section

(a) by inserting after the word "juror" in paragraph (b) 38 of the

principal the words "and in which claims for exemption under subsection (1) Ordinance. of section 6 shall be investigated"; and

(b) by inserting the following paragraph in lieu of paragraph (c)-

(c) the procedure to he followed by the Registrar in the case of any persons whose names have been included in List B under the provisions of subsection (3) of section 6."

11. The Schedule is hereby amended by inserting the words Amendment "Form No. 1 immediately above the words "Form of Summons of Schedule to Juror" and by inserting after such form the following-

"Form No. 2.

Particulars required by subsections (2) and (3) of section 6.

Christian or Personal Name & Surnames.

LIST A.

Residence.

Occupation.

to tho principal Ordinance.