666
ORDINANCE No. 11 OF 1864.
Jury.
Title.
Prennible.
Ordinances repealed.
All questions of fact except &c., to be decided by a jury of seven.
Verdict of majority to be verdict of jury unless in capital cases where unanimity is requisite.
Who qualified to serve as jurors.
No. 11 of 1864.
An Ordinance for consolidating and amending the Laws relative to Jurors and Juries.
WE
[13th September, 1864.]
WHEREAS the laws relative to the summoning of jurors and the formation of juries are numerous and complicated, and it is expedient to consolidate and simplify the same, and in some respects to amend the said laws: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The several Ordinances and parts of Ordinances set forth in schedule (A) to this Ordinance annexed, are hereby repealed to the extent to which the same are by such schedule expressed to be repealed, except as to the now existing "Jurors' List," which shall continue in force until the first day of March now next ensuing, and except as to anything done or fine incurred before the coming into operation of this Ordinance.
2. All questions of fact, whether of a civil or criminal nature, upon which issue shall be taken in the course of any proceeding in the Supreme Court, or before [the sheriff: Repealed by Ordinance No. 24 of 1882 and the word "any" substituted] Commissioner or other officer of the same, and all questions of idiotcy, lunacy and unsoundness of mind shall, except in cases otherwise provided for, be tried by a jury of seven men.
3. In the event of any of the jurors dissenting from the residue, 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 unanimous in their verdict of guilty, but if such majority should find such person guilty of a less crime than the capital one, then sentence of law shall follow the verdict of the majority.
4. Every male person between the ages of twenty-one and sixty years, being of sound mind, and not afflicted with deafness, blindness, or other infirmity, who shall be a good and sufficient person resident within the Colony, shall be qualified and liable to serve as a juror: Provided, that no Member of the Colonial Councils, nor person holding any office or situation of emolument under the Crown, nor salaried Foreign Functionaries of Foreign Governments not carrying on business, nor any barrister, physician, attorney, or surgeon actually practising as such within the Colony, nor any chemist or druggist carrying on his business therein, nor any clergyman or dissenting minister, nor any officer employed in the Military or Naval Service of Her Majesty, nor any person ignorant of the English language, shall be, or be deemed liable to serve as a juror.
666
ORDINANCE No. 11 OF 1864.
Jury.
Title.
Prennible.
Ordinances repealed.
All questions of
fact except &c.,
to be decided by
a jury of seven.
Verdict of
majority to be verdict of jury unless in capital cases where
unanimity is requisite.
Who qualified to serve as jurors.
No. 11 of 1864.
An Ordinance for consolidating and amending the Laws relative to
Jurors and Juries.
WE
[13th September, 1864.]
HEREAS the laws relative to the summoning of jurors and the formation of juries are numerous and complicated, and it is expedient to consolidate and simplify the same, and in some respects to amend the said laws: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The several Ordinances and parts of Ordinances set forth in schedule (A) to this Ordinance annexed, are hereby repealed to the extent to which the same are by such schedule expressed to be repealed, except as to the now existing "Jurors' List," which shall continue in force until the first day of March now next ensuing, and except as to anything done or fine incurred before the coming into operation of this Ordinance.
2. All questions of fact, whether of a civil or criminal nature, upon which issue shall be taken in the course of any proceeding in the Supreme Court, or before [the sheriff: Repealed by Ordinance No. 24 of 1882 and the word "any" substituted] Commissioner or other officer of the same, and all questions of idiotey, lunacy and unsoundness of mind shall, except in cases otherwise provided for, be tried by a jury of seven men.
3. In the event of any of the jurors dissenting from the residue, 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 unanimous in their verdict of guilty, but if such majority should find such person guilty of a less crime than the capital one, then sentence of law shall follow the verdict of the majority.
•
4. Every male person between the ages of twenty-one and sixty years, being of sound mind, and not afflicted with deafness, blindness, or other infirmity, who shall be a good and sufficient person resident within the Colony, shall be qualified and liable to serve as a juror: Provided, that no Member of the Colonial Councils, nog person holding any office or situation of emolument under the Crown, nor salaried Foreign Functionaries of Foreign Governments not carrying of business, nor any barrister, physician, attorney, or surgeon actually practising as such within the Colony, nor any chemist or druggist carrying on his business therein, nor any clergyman or dissenting minister, nor any officer employed in the Military or Naval Service of Her Majesty, nor any person ignorant of the English language, shall be, or be deemed liable to serve as a juror.
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