TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 89

HONG KONG LEGISLATIVE COUNCIL — 1 June 1988

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He said: Sir, I move that the Jury (Amendment) Bill 1988 be read a Second time.

The Bill addresses four problems.

The first problem is concerned with exemptions from jury service. Section 5 of the Ordinance exempts certain categories of person from jury service. The provision to exempt urban councillors from jury service was made in 1971 when it was considered that the councillors' duties should take precedence over their duty to render jury service. Furthermore, as certain duties of the Urban Councillors are of a judicial nature, such as the granting or refusal of hawker licences, there could be potential conflicts of interest if they were not exempted from jury service. Members of the Regional Council, having similar duties, should be afforded the same treatment and be exempted. The opportunity is also taken to delete the word 'ordinary' from the term 'ordinary member', which was originally used to describe members who were not government officials, as there are now no longer 'official' members on the Urban and Regional Councils.

It is also desirable to exempt from jury service probation officers and social workers working in correctional institutions run by the Social Welfare Depart- ment, as the duties of these officers are directly concerned with the administra- tion of justice. This is also in line with the current exemptions for officers working in the correctional services field.

The second problem arises from the fact that lists of jurors are available for purchase by the public. Sir, complaints have been received from members of the public that commercial firms are using these lists as mailing lists for potential customers. It is, therefore, proposed to discontinue publication. By virtue of this Bill, the right to purchase juror lists is removed but the lists may be inspected by the public at the office of the Registrar, Supreme Court.

The third problem relates to the need to update the Ordinance in line with the recent computerisation of juror listing. For example, with the computerisation of jury lists, in the selection of jurors for the purpose of forming a panel, potential jurors are no longer referred to by names but by numbers correspond- ing to their names, and ballot cards would no longer be written but printed with numbers corresponding to the names of the jurors summoned to form a panel. Certain provisions in the Ordinance will require amendment as a result.

Finally, Sir, the existing provision for the procedure whereby application for exemption from jury service is made to the court is not satisfactory as it does not prescribe the means of doing so. The Bill creates a new subsection that sets out the procedure to be adopted on application to the court for exemption from jury service.

Sir, I move that the debate on this Bill be now adjourned.

Question on adjournment proposed, put and agreed to.