541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 9

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) All persons so qualified shall be liable so to serve, except the following persons, who shall nevertheless be competent to serve, that is to say :-

Persons in His Majesty's Diplomatic, Consular, or other Civil Service, in

actual employment ;

Officers, clerks, keepers of prisons, messengers, and other persons attached

to or in the service of the Court;

Officers and others on full pay in His Majesty's navy, or army, or in actual employinent in the service of any Department connected therewith;

Persons holding appointments in the civil, naval, or military service of

China or Corea ;

Clergymen and other ministers of religion in the actual discharge of

professional duties;

Legal practitioners in actual practice;

Physicians, surgeons, and apothecaries in actual practice ;

Persons who are over 60 years of age or are disabled by mental or bodily

infirmity.

(3.) A jury shall consist of such number of jurors, not more than twelve nor less than five, as may be determined in accordance with Rules of Court; and in such Rules different provisions may be made with respect to the several places at which the Supreme Court may sit, regard being had to the number of available jurors and any other considerations.

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(4.) In civil and in criminal cases the like challenges shall be allowed as in England, with this addition, that in civil cases each party may challenge three jurors peremptorily.

(5.) A jury shall be required to give an unanimous verdict; provided that, with the consent of parties, the verdict of a majority may be taken in civil cases.

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33.-(1.) An Assessor shall be a competent and impartial British subject of Assessors. good repute, nominated and summoned by the Court for the purpose of acting as Assessor.

(2.) In the Supreme Court there may be one, two, or three Assessors, as the Court thinks fit.

(3.) In a Provincial Court there shall ordinarily be not fewer than two, and not more than four, Assessors. Where, however, by reason of local circum- stances, the Court is able to obtain the presence of one Assessor only, the Court may, if it thinks fit, sit with one Assessor only: and where, for like reasons, the Court is not able to obtain the presence of an Assessor, the Court may, if it thinks fit, sit without an Assessor,-the Court, in every case, recording in the Minutes its reasons for sitting with one Assessor only or without an Assessor.

(4.) An Assessor shall not have any voice in the decision of the Court in any case, civil or criminal; but an Assessor dissenting, in a civil case, from any decision of the Court, or, in a criminal case, from any decision of the Court or the conviction or the amount of punishment awarded, may record in the Minutes his dissent, and the grounds thereof, and shall be entitled to receive without payment a certified copy of the Minutes.

ance.

34.-(1.) Any person failing to attend as juror or Assessor according to a Penalty for summons shall be deemed guilty of a contempt of Court, and shall be liable to a non-attend- fine not exceeding 107., but a person shall not be liable to fine for non-attendance unless he is resident in the Consular district in which the Court sits.