CO129-158 - Sir Kennedy - 1872 [6-8] — Page 425

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

413

"indictment or information other than for felony shall be tried by a Special Jury it shall be lawful for the Court to make such orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court, so Rules for the trial of Criminal Cases by Special Juries have been framed by the Court and it has therefore (rightly or wrongly) always been held that such causes could not be tried.

By Section XXXII of Ordinance No. 13 of 1865 (An Ordinance to consolidate the Laws relating to Criminal Procedure) it is enacted that it shall be lawful for the Court to make such lawful orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court.

I have always regarded this state of things as one much to be deplored. In the mixed European Community of this Colony, it not infrequently happens that out of the Common Jury placed in the box not more than one or two understand the English language sufficiently to follow the evidence, the arguments of Counsel and the summing up of the Judge, otherwise than imperfectly.

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413 "indictment or information other than for felony shall be tried by a Special Jury it shall be lawful for the Court to make such orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court, so Rules for the trial of Criminal Cases by Special Juries have been framed by the Court and it has therefore (rightly or wrongly) always been held that such causes could not be tried. By Section XXXII of Ordinance No. 13 of 1865 (An Ordinance to consolidate the Laws relating to Criminal Procedure) it is enacted that it shall be lawful for the Court to make such lawful orders upon the Sheriff or person as may be necessary to procure the attendance of a special Common Jury for the trial of any matter depending in such Court. I have always regarded this state of things as one much to be deplored. In the mixed European Community of this Colony, it not infrequently happens that out of the Common Jury placed in the box not more than one or two understand the English language sufficiently to follow the evidence, the arguments of Counsel and the summing up of the Judge, otherwise than imperfectly.

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2. 413 * " "indialenent or information other " than for "desirous " or breason or shat felony slimll be of having such ** indictment information, tried by a Special "Jury it shall be bufail for the "Court yo By Section XXXU of Ordinance 11:3 of 1865 (An Ordinance to consolivate the Lams relating to Criminal Broadwie) it is enacted that it shall be Cove " for " the Court to make such lawful les other or or orders upon the Sheriff or purson as may be necessary to a "procure the attendance of a special. Common Jury of or the trial of any "matter depending in such Cowel, so " Rules for the trial of Criminal بریه Corses by Special Swies have bun framed by the Court and it has therefore (rightly or wrongly) always been held that such causes could not be tried. Shave always regarded this state of things deplored. In the miced European Community of this Colony, it not infrequently happens that out of : the Common Jury placed in the as one much to be box not more than one or two - understand the English language sufficiently to follow the evidence, the arguments of Counsel and the summing up of the Judge, otherwise than imperfotly, and I

2026-05-20 18:49:59 · Baseline

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413

" "indialenent or information other

" than for

"desirous

" or

breason or

shat

felony slimll be

of having such ** indictment

information, tried by a Special "Jury it shall be bufail for the

"Court yo

By Section XXXU of Ordinance 11:3 of 1865 (An Ordinance to consolivate the Lams relating to Criminal Broadwie)

it is enacted that it shall be Cove

" for

the Court to make such

lawful

les

other

or orders upon the Sheriff or purson as may be necessary to a "procure the attendance of a special.

Common Jury of or the trial of any "matter depending in such Cowel, so " Rules for the trial of Criminal

بریه

Corses

by Special Swies

have

bun framed by the Court and it has therefore (rightly or wrongly) always been held that such causes could

not be

tried.

Shave always regarded this

state of things

deplored. In the miced European Community of this Colony, it not infrequently happens that out of : the Common Jury placed in the

as one much to be

box not more than one or two

- understand the English language sufficiently to follow the evidence, the arguments of Counsel and the

CO129-158 - Sir Kennedy - 1872 [6-8] — Page 425

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