the-ordinances-of-the-legislative-counci-1890 — Page 288

252 ORDINANCE No. 4 OF 1851 .


Jurors.


Ordinances No. 7 1. Be it therefore enacted and ordained by His Excellency the Governor of
of 1845 and No. 4
of 1849 repealed
Finding or . Hongkong, with the advice of the Legislative Council thereof, that the said two last
verdict ofa
majority of4 mentioned ordinances be and are hereby repealed , and that all questions of fact, subject
jurors out of 6,
to be held as the to the exception hereinafter contained , whether of a civil or criminal nature, upon which
verdict of the
jury, unless in issue shall be taken in the course of any proceeding before the Supreme Court, and all
capital cases,
where unanimi questions of idiocy, lunacy, and unsoundness of mind , shall be decided by a jury of six
ty shall be requi
site. men. And that in the event of any two or one of the said jury dissenting from the

others, the unanimous verdict or finding of a majority of four, shall be held and deemed
to all intents and purposes as the verdict or finding of the said jury of six men .
Provided always, that if any traverser or defendant be arraigned for any offence visited
by the law with capital punishment, then and in such case the said jury of six men
must be unanimous in their verdict or finding of guilty, in the same manner as required
before the repeal of the said two last mentioned ordinances, in order to ground or
warrant a sentence of capital punishment. But should such a majority of the said jury
of six find any traverser or defendant guilty of a lesser crime than the capital one, on
which he may have been arraigned , then due sentence of law shall follow the verdict or
finding of such majority.
Who qualified 2. And be it further enacted and ordained, that every male person between the
to serve as
jurors. 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 said Colony, shall be qualified and liable to serve as a juror therein : Provided , that
no member of the Colonial Councils, or person holding any office or situation of
emolument under the Government of Hongkong, nor any barrister, physician, attorney,
or surgeon actually practising as such within the said Colony, nor any clergyman, or
dissenting minister, nor any officer employed in the military or naval service of Her
Majesty or of the East India Company, nor any person ignorant of the English
language, shall be, or be deemed liable to serve as a juror in any case.
Sheriff to make
out jury list, and 3. And be it further enacted and ordained, that from and immediately after the
transmit same
to Registrar, publication of this Ordinance, the sheriff of the said Colony of Hongkong shall make,
who shall
forward the or cause to be made out, a list in alphabetical order of all men who shall be qualified
same through
the Clerk ofthe and liable to serve as jurors as aforesaid, setting forth the Christian and surnames of
Councils to the
Governor and
Legislative each at full length, together with his place of abode, and shall sign and transmit a copy
Council for
approval or of such list to the Registrar of the Supreme Court, who shall thereupon cause a copy of
alteration.
such list to be posted for the term of one fortnight on or in some conspicuous part of
the Court House, to the end that the inhabitants of the Colony may, as the case shall
be, apply by notice in writing to the said Registrar requiring that their names may be
respectively either added to or struck off from the said list , upon cause duly assigned
in such notice ; and the said Registrar immediately after the expiration of the time for
posting such list shall forward the same, and such notices as may be so served on him ,
to the Clerk of the Legislative Council, to the end that the said Governor with the
advice of the said Council (and he and they are hereby empowered so to do) may strike
off or add such name or names from among those of the said inhabitants as to the said