664399-1887-Ordinances-18-and-19-of-1887-assented-to — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 4TH JUNE, 1887.

Ballot for juries. (No. II of 1864 m. 16.)

Keeping jury together

(No. 8 of 1872 *. 45.)

As to new

jury for new cases.

(No. 11 of 1864 6. 21.)

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 H. 3.)

whom an information has been filed, to order a special jury to be summoned for the trial of any case. Upon the receipt of such notice or upon any such order being made the Registrar shall forthwith proceed to form the panel of such jurors, and to summon them in manner herein before provided.

18. At the sitting of the Court the names of all the jurors summoned whether special or common shall be written on separate cards of equal size and put into a box, and the Registrar, or clerk of the Court shall, in open Court, draw therefrom until a jury is obtained.

19. After the jury shall have been sworn or charged with any prisoner or accused they shall be kept in some convenient place in Court apart by themselves, retirement of individual jurors for personal purposes-only excepted, and then in charge of an officer of the Court, until the judge has summed up the evidence, and has left the case with the jury. Provided that in case and as often as the Court shall adjourn before the case shall have been so left with the jury, then such jury may if the Judge shall so direct, be removed in charge of an officer of the Court to some convenient place there to take refreshment at their own expense and rest until the Court shall reassemble, and such officer shall be sworn that he will suffer none save himself to speak to or to communicate with them without the express leave of the Judge. If after the case shall have been so left to the jury, and such jury shall desire to withdraw for the purpose of considering their verdict, then they shall be kept by such officer of the Court in some convenient place apart by themselves, but they shall be allowed reason- able refreshment at their own expense with power also to retire alone only for personal purposes, until they are agreed upon their verdict, or be discharged therefrom by the Court; and the officer shall be sworn that be will suffer none to have access to them, or speak to them himself except to ask whether they are agreed upon their verdict or o com- municate between them and the Court. Provided always that it shall be in the discretion of the Judge in all cases to dispense with any of the foregoing provisions, and in the event of any adjournment to direct the jury to be 1o noved to some convenient place in the vicinity of the Court during such adjournment under the charge of the proper officer of the Court or to allow the jury to separate for such time and subject to such conditions as to the Judge may seem

fit.

་ན

20. The names of the persons drawn as jurors shall be marked on the list provided for in Section 16; and the cards with such names shall be kept apart by themselves-antil all the cards in the box shall have been drawn. Provided always, that if any case shall be brought on to be tried before the jury in any other case shall have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for the trial of the case which shall be so brought on to be tried. Provided also, that where no objection shall be made on behalf of the plaintiff or prosecutor, or on behalf of the defendant or prisoner, or accused, it shall be lawful for the Court to try any case with the same jury that shall have previously tried, or 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