TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 132

10-FEB-1993 16:32

LEGAL-PROSECUTIONS 7/F

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3.

Trial by Jury

1

Because of the serious nature of the allegations against Saniman, the Attorney General would propose that he be tried in the High Court before a judge and jury. Juries in Hong Kong comprise at least seven (in this case probably nine) persons whose individual eligibility to serve as a juror is

governed by the Jury Ordinance. To qualify as

eligible, a potential juror is required to have

sufficient knowledge of the English language to understand the proceedings.

This means, almost

invariably, that the level of education of any given juror is of a high standard and it is our

experience that juries in Hong Kong discharge their function in a responsible and intelligent way.

4.

Burden and Standard of Proof

It is a fundamental principle of the criminal law

of Hong Kong (as in all Common Law jurisdictions

with an accusatorial system) that the prosecution

must establish guilt beyond all reasonable doubt. This principle is both recognised and extended by the Bill of Rights.

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