644356-1894-Ordinances-Nos-1-2-3-of-1891-Assented-to — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 24TH MARCH, 1894.

Section sub- stituted for Section 22 of No. 19 of 1887.

Verdict of majority. Majority to consist of not less than fтe in Criminal Cases, not Capital

Section sub- stituted for Section 23 of No. 18 of 1887.

Provision in case of death, illness, &c. of one or more

jurors during trial.

Jury panel in Summary Jurisdiction

DATES.

in criminal cases, to form a panel, and whenever from 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.

4. In lieu of section 22 of the principal Ordinance, the following words shall be substituted :—

In the event of any of the jurors dissenting from the residue, the jury shall retire to consider their verdict and, after reasonable consultation, the verdict in civil cases of a majority and in criminal cases of a majority consisting of not less than five jurors shall be held and deemed to all intents and purposes to be the verdict of the jury. Provided always, that if any person be arraigned for any offence visited by the law with capital punishment, then and in such case the jury must be unanimous in their verdict of guilty or not guilty; but if a majority consisting of not less than five jurors as aforesaid should find such person guilty of a less crime than the capital one, then the finding of such majority shall be the verdict, and sentence shall follow accordingly and if in any case it may, for any cause, seem to be desirable to the Judge, he may direct the jury to further consider their verdict.

5. In lieu of section 23 of the principal Ordinance, the following words shall be substituted :-

In the event of the death, illness, or default of attendance of any one or two of the jurors during the trial of any suit, action, or information, it shall be lawful for the Court, in its discretion to order the trial of such suit, action, or information, to be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remaining jurors, or in civil cases by a majority or in criminal cases by a majority consisting of not less than five remaining jurors shall be of equal validity and have the same force and effect as if it had been returned by a jury consisting of the full number of seven jurors. Provided always, that in criminal cases where the offence charged is visited by the law with capital punishment the jury shall not consist of less than seven men. Provided also that it shall be lawful for the Court, instead of proceeding with the trial with the remaining jurors, to cause a new jury to be empanelled, sworn and, if necessary, charged with any prisoner or accused; and the suit, action, or infor- mation shall be tried as if such first jury had not been empanelled.

6. Whenever it may be necessary to summon a jury in the Summary Jurisdiction of the Supreme Court, the num- ber drawn to form a panel shall be six. Subject as afore- said, the provisions of this and the principal Ordinance so far as the same are applicable shall apply to such juries.

Passed the Legislative Council of Hongkong, this 15th day of March, 1894.

ARATHOON SETH, Clerk of Councils.

Assented to by His Excellency the Governor the 19th day of March, 1894.

G. T. M. OBRIEN,

Colonial Secretary.