TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 167

A424

Ord. No. 64/84

Amendment of section 13.

6.

Amendment of section 14.

JURY (AMENDMENT)

(2) The Registrar shall cause the names of all persons removed from the list of common jurors or the list of special jurors under subsection (1) to be published in the Gazette.".

Section 13 of the principal Ordinance is amended— (a) in subsection (1) by--

(i) deleting "open the ballot box and draw therefrom such number of jurors' cards" and substituting the following--

"select from the list of common jurors, by ballot or by any other method of random selection, such number of jurors";

(ii) deleting "whose card has been drawn" and substituting the following-

"who has been selected"; and

(iii) deleting "re-open the ballot box and shall draw a fresh card there- from" and substituting the following

"select a further juror"; and

(b) by deleting subsection (2).

7.

Section 14 of the principal Ordinance is amended by deleting “drawn” wherever it occurs and substituting the following--

Amendment of section 16.

8.

Amendment of section 17.

Repeal and replacement of section 21.

Amendment of section 32.

"selected".

Section 16 of the principal Ordinance is amended—

(a) by deleting subsection (1) and substituting the following-

"(1) In forming any panel, the Registrar shall pass over the name

of any person selected who he has reason to believe is-

(a) dead or absent from Hong Kong;

(b) not qualified or liable to serve as a juror; or

(c) exempt from service.

(1A) In forming a panel of special jurors, the Registrar shall also pass over the name of any person selected who he has reason to believe is not qualified to serve as a special juror."; and

(b) in subsection (2) by deleting "and return to the ballot box the names of any

persons drawn" and substituting the following-

9.

"the names of any persons selected".

Section 17(1) of the principal Ordinance is amended by deleting "drawn" and substituting the following-

"selected (other than any person who has served, or (having been summoned) has attended for service, as a juror at any time within the preceding period of 2 years)".

10. Section 21 of the principal Ordinance is repealed and replaced by the following-

"Ballot for jury.

21. The Registrar shall cause the names of all the jurors summoned to form a panel to be written on separate cards of equal size and put in a box, and he or the clerk of the court shall, in open court, draw therefrom until a jury is obtained.".

11. Section 32 of the principal Ordinance is amended by inserting, after subsection (2), the following--

JURY (AMENDMENT)

Ord. No. 64/84

A425

"(3) Where any juror, having been duly served with a summons-

(a) being present, does not appear when called, or

(b) after appearance, withdraws himself without the permission of the

judge,

such failure to appear or such withdrawal shall be punishable as a criminal contempt of court committed in the face of the court.".

12. Section 33(2) of the principal Ordinance is amended by deleting "shall be Amendment of liable on conviction to a fine of $5,000" and substituting the following

"liable to a fine of $25,000 and to imprisonment for 3 months".

13. The Coroners Ordinance is amended-

(a) in section 10(1), by deleting "draw either from the common jurors ballot box or from the special jurors ballot box" and substituting the following-

"select by ballot or by any other method of random selection, either from the list of common jurors or from the list of special jurors"; and

(b) in section 11(1) by deleting “drawn" and substituting the following--

"selected".

Passed by the Hong Kong Legislative Council this 25th day of July 1984.

R. 1. W. UPTON, Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

R. I. W. UPTON, Clerk to the Legislative Council.

section 33.

Consequential Cap. 14. amendment of