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THE HONGKONG GOVERNMENT GAZETTE, 16TH APRIL, 1887.
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of
majority to be
verdict of
jury unless
in capital cases where unanimity is requisite. (No. 11 of 1864 B. 3.)
Provision in case of death disability or non-attan- dance of juror. (No. 11 of 1864 B. 24)
Verdict bow given.
¡No. 11 of 1864 8. 26.)
In case jury cannot agree upon verdict. (No. 11 of 1864 s. 25.)
Power to the Court to exempt jurors (No. 11 of 1864 s. 18.)
No challenge except for
cause.
(No. 11 of 1864
8. 19.)
J
been drawn to try any other case, or to order the name of any person on such jury, whom both parties may consent to withdraw or who may be justly challenged or excused by the Court, to be set aside and another name to be drawn from the box, and to try the case with the residue of such original jury, and with such person or persons, whose name or names shall be so drawn and who shall appear.
21. Whenever the jury in a criminal case, shall not be unanimous in their verdict, it shall be lawful for the Judge to direct them to withdraw from the Court Room for the purpose of considering their verdict in private.
22. 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 of a majority 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 unani- mous in their verdict of guilty or not guilty but if such majority should find such person guilty of a less crime than the capital one, then the finding of the 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.
.
23. 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, shall be lawful for the Court, in its discretion to order the trial of such suit, action, or information, to be procceded 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 by a majority, 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 capital cases the remaining jurors must be unanimous in their verdict in order to warrant sentence of capital punishment being passed on the prisoner; but if he be found guilty of a crime less than the capital one on which he is arraigned, then sentence shall follow the finding of such majority. 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 em panelled, sworn and if necessary charged with any prisoner or accused; and the suit, action, or information shall be tried as if such first jury had not been empanelled,
24. The verdict of the jury shall in all cases be given by the foreman, in open Court, and in the prescuce of all the jury, and if in a criminal proceeding in the presence of the prisoner, and shall thereupon be recorded by the Registrar; and the Registrar shall, before taking the verdict, ask if they are all or by what majority agreed thereon, and whether they find for the plaintiff or for the defendant, and in the case of a prisoner or accused whether they find such prisoner or accused Guilty or Not Guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of Guilty or Not Guilty, or else shall return a special verdict finding the facts of the case. Provided always, that the jury may acquit any prisoner or accused of a part of the charge against him, and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same sittings or sessions shall have been disposed of, and when it shall sufficiently appear to the Court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the Court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any pris soner or accused, and the suit or action, or information shall be tried as if such first jury had not been empanelled.
26. Nothing herein contained shall prevent the Court from exempting in its discretion any person or persons from scrving, as a juror on any trial, or from removing their names from the list of jurors, on cause being shown for so doing.
27. No person who shall be put upon his trial either for treason, felony, or misdemeanour, shall be allowed to chal- lenge any of the jurors except for cause.
*[Suggested alterations:
44
Provided always that in capital cases the jury shall not consist of less than seven men."]
[Suggested:-That pe- remtory challenges of four in number be al lowed.]
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