TNAG-1576-FCO40-2149-Hong-Kong-Jury-Amendment-Ordinance-1986-1986 — Page 14

H

C46

Amendinent of section 25.

4.

JURY (AMENDMENT) BILL

(4) 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----

(a) where a jury of 7 persons has been sworn, not less than 5 of

them; and

(b) where a jury of 9 persons has been sworn

(i) if the full number of jurors remain, not less than 7 of them;

(ii) if the number of jurors has been reduced to 8 in accordance with section 25, not less than 6 of them; or

(iii) if the number of jurors has been reduced to 6 or 7 in accordance with section 25, not less than 5 of them,

find such person guilty of a lesser offence in which case the finding of any such majority shall be the verdict and sentence shall follow accordingly.

(5) If in any trial it seems for any cause to be desirable, the judge may direct the jury to consider their verdict further.".

Section 25 of the principal Ordinance is amended---

(a) in subsection (2), by deleting "subsection (3)" and substituting the following-

“subsections (3) and (4)”; and

(b) by deleting subsection (3) and substituting the following-

"(3) Subject to subsection (4), 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 the validity of any verdict returned by the remaining jurors, whether or not by a majority in accordance with section 24(2), (3) or (4), shall be of equal validity as if it had been returned by a jury consisting of the full number of jurors.

(4) (a) In a criminal trial for an offence punishable with death,

the jury shall consist of not less than 6 persons; and

(b) in any civil trial, and any criminal trial other than one for an offence punishable with death, the jury shall consist of not less than 5 persons.".

Explanatory Memorandum

The object of this Bill is to permit the empanelling in civil and criminal trials, of juries of up to 9 persons.

一九八六年陪審團(修訂)條例草案

摘要說明

本草案旨在規定容許民事及刑事審訊陪審團成員名額增至最多九位。