644221-1894-Bills-Po-Leung-Kuk-Supreme-Court-Summary-Jurisdiction-Jury-Consolidation — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCH, 1894.

Repeal of part of section 28 of Ordinance 14 of 1873.

Amendment

of section 29 of Ordinance 14 of 1873.

A BILL

ENTITLED

An Ordinance to amend "The Supreme Court Summary Jurisdiction Ordinance, 1873."

B

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. The words "or of its own motion" and the words "but save as aforesaid, all the provisions of the law in "force in the Colony for the time being relating to Juries "in the Supreme Court, except so far as the same may "provide for the remuneration of Special Jurors shall "apply to juries of three persons empanelled under this "Ordinance" in Section 28 of Ordinance 14 of 1873, are hereby repealed.

2. The words "Witnesses and Special Jurors" in Section 29 of Ordinance 14 of 1873 are hereby repealed, and, in lieu thereof, the words " and witnesses" shall be inserted after the word "parties," in such Section.

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Reasons.

It is thought undesirable that the power of the Court, sitting in Summary Jurisdiction, to summon a jury "of its own motion," when neither party applies for such jury, should be continued. It is, moreover, considered desirable that the remuneration of Special Jurors fixed by Section 29 of The Jury Consolidation Ordinance, 1887, should be the same in Civil cases in the Supreme Court whether the Court is exercising its Summary Jurisdiction or otherwise.

W. MEIGH GOODMAN.

A BILL

Ordinance to be read with No. 18 of 1887.

Repeal.

Section sub-

stituted for Section 11 of No. 18 of 1887. Panel of

Common

Jurors.

ENTITLED

An Ordinance to amend “The Jury Consolidation

BE

Ordinance, 1887."

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance shall be read and construed together with Ordinance No. 18 of 1887, hereinafter referred to as "the principal Ordinance."

2. Sections 11, 22 and 23 of the principal Ordinance are hereby repealed.

3. In lieu of section 11 of the principal Ordinance, the following words shall be substituted :-

Whenever it shall be requisite to summon a common jury, a Deputy Registrar shall, in the presence of the Registrar, open and draw from the appropriate Ballot Box eighteen names in civil cases, and thirty names in criminal cases, to form a panel, and whenever frora any cause the jurors drawn cannot be served, it shall be lawful for a Deputy Registrar to re-open the Ballot Box, and in manner aforesaid draw fresh names there- from as often as may be necessary to secure the full number of jurors required to be drawn. The cards with the names of those who do not actually serve and are not dead or permanently absent or incapacitated shall be returned to the Ballot Box and the cards with the names of those who actually serve shall be locked up in a separate Box until all the names in the Ballot Box are exhausted by subsequent panels, when they shall be returned to the Ballot Box if required for the purposes of the current year.