1960-HKRS28-8-27_Part04 — Page 39

the provisions of section 3B, the Registrar may in his discretion, subject to the provisions of this section, cause the name of such person to be posted for fourteen days at some convenient place accessible to the public within one of the entrances to the Courts of Justice.

(2) Any person may, during the period of fourteen days specified in subsection (1), apply by notice in writing to the Registrar requiring that his name or the name of some olber persan be posted or removed, upon cause duly assigned in such notice, and the Registrar shall, in his discretion, post or remove such name accordingly.

(3) As soon as may be after the expiration of the period of fourteen days specified in subsection (1), the Registrar shall-

(a) make a list of the names of common jurors so posted and, after in his discretion allowing or disallowing any application relating thereto received in accordance with subsection (2), finally settle such list; and

(b) forward a list of the names of any special jurora so posted to the Clerk of Councils together with any applications relating thereto received in accordance with subsection (2).

(4) The list of special jurors forwarded to the Clerk of Councils in accordance with subsection (3) shall be considered by the Governor in Council who, after in his discretion allowing or disallowing any application relating thereto received by the Registrar in accordance with sub- section (2), shall finally settle such list.

(5) The Registrar shall cause the list of special jurom finally settled in accordance with subsection (4) and the list of common jurors finally settled in accordance with sub- section (3) to be published in the Gazelle.

(6) Any person whose name is published in the Gazette as a special juror or as a common juror, as the case may be, in accordance with the provisions of sub- section (5) shall be deemed for all purposes to be a special juror or a common juror whose name appeared respectively in the list of special jurors or the list of common Jurors as settled in accordance with section 8B.".

8.

(a) in subsection (1) by the deletion of the word "when" and the

substitution therefor of the following-

Section 14 of the principal Ordinance is amended—

"within seven days after"; and

(b) by the repeal of subsection (2) and the replacement thereof by

the following subsection-

9.

(2) Notwithstanding anything contained in the Code of Civil Procedure, if such deposit be not made within the time prescribed in subsection (1) the cause shall be heard by the court without a jury.”.

Amendment

of section 14.

Section 23 of the principal Ordinance is amended in subsection Amendment (1) by the deletion of the proviso thereto and the substitution therefor of section 23. of the following-

"Provided that if any person is arraigned for any offence punishable with death the jury must be unanimous in their verdict of guilty or not guilty unless a majority, consisting of not less than five, find such person guilty of a lesser offence, in which case the finding of such majority shall be the verdict, and sentence sball follow accordingly.".

10. Section 27 of the principal Ordinance is amended- (a) by the insertion after the number "27" of the following-

*(1)": and

(b) by the addition of the following new subsection-

*4(2) Without prejudice to anything contained in sub- section (1), if any person who has been summoned by the Registrar to attend on a jury shows in writing to the satisfaction of the Registrar that there is a good reason why he should be excused from attending on that jury, it shall be lawful for the Registrar, notwithstanding anything contained in this or any other Ordinance, to excuse that person from so attending:

Provided that the Registrar shall produce to the court or judge any application received by him from any person asking to be excused from attendance on any jury sum- moned for the trial of cases before that court or judge and any correspondence relating to any such application, and shall, where he has complied with any such applica- tion, state to the court or the judge his reasons for so doing.".

11. Section 34 of the principal Ordinance is repealed.

Amendment of section 27.

Repeal of section 34,