TNAG-0809-FCO40-1014-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 187

A190

Ord. No. 55/78

L.S.

JURY (AMENDMENT)

HONG KONG

No. 55 OF 1978

I assent.

Short title.

Repeal and replacement of section 25.

(Cap. 3.)

Amendment of section 32.

An Ordinance to amend the Jury Ordinance.

MURRAY MACLEHOSE,

Governor.

5th July, 1978.

[7th July, 1978]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Jury (Amendment) Ordin- ance 1978.

2. Section 25 of the principal Ordinance is repealed and replaced by the following-

"Death or discharge of

juror.

25. (1) A court may at any time during the trial of any action, suit, information or indictment prior to the verdict discharge a juror

(a) where, in the interests of justice, it appears to the

court expedient to do so; or

(b) in the interests of the juror.

(2) Where a member of the jury dies or is discharged by the court under subsection (1), the jury shall nevertheless, subject to subsection (3), be considered as remaining pro- perly constituted for all the purposes of the action, suit, information or indictment then being tried.

(3) In the event of the death or discharge by the court under subsection (1) of any juror during the trial of any action, suit, information or indictment, the trial of such action, suit, information or indictment shall be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remaining jurors, or in civil cases by a majority, or in criminal cases by a majority consisting of not less than five of the remaining jurors shall be of equal validity as if it had been returned by a jury consisting of the full number of jurors:

Provided that in a criminal trial for an offence punish- able with death, the jury shall consist of not less than six, and in any other case, civil or criminal, the jury shall con- sist of not less than five.”.

3. Section 32 of the principal Ordinance is amended-

(a)

by being renumbered as subsection (1) thereof; and