CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 155

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

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102

to demand a trial by Jury. It is now submitted that the old

practice prevailing under Ordinance 13 of 1873 (quoted

above) should be revived, and that either party should he

entitled as of right to have an action tried by a Jury,

This practice prevails in His Britannic Majesty's Supreme

Court for China and Corea; and Section 92 of the China and

Corea Order in Council of October 24th., 1904, provides

(1) that, subject to the provisions of this Order every

action in the Supreme Court which involves the amount in

value of £150 or upwards shall, on the demand of either

party in writing, filed in Court seven days before the day

appointed for the hearing, be heard with a Jury: (2) that

any other suit may on the suggestion of any party at any

stage be heard with a Jury if the Court thinks fit: and (3)

that any suit may be heard with a Jury if the Court of its

own motion at any stage thinks fit.

It is now suggested that this

practice shall be brought into force in this Colony as it

has, I am informed, been found to work exceedingly well in

Shanghai.

9.

It may be said that there are

frequently actions pending before the Court, which it is

1

undesirable to try before a Judge and Jury,

and which are

properly

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