the-ordinances-of-the-legislative-counci-1890 — Page 702

666 ORDINANCE No. 11 of 1864 .


Jury.


No. 11 of 1864 .

Title. An Ordinance for consolidating and amending the Laws relative to
Jurors and Juries .

[ 13th September, 1864. ]

Preamble. HEREAS the laws relative to the summoning of jurors and the formation of
W 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 :

Ordinances 1. The several Ordinances and parts of Ordinances set forth in schedule ( A) to
repealed.
this Ordinance annexed , are hereby repealed to the extent to which the same are by
such schedule expressed to be repealed , except as to the now existing " Jurors' List,"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.

All questions of 2. All questions of fact, whether of a civil or criminal nature, upon which issue
fact except &c.,
to be decided by shall be taken in the course of any proceeding in the Supreme Court, or before [the
a jury of seven.
sheriff: Repealed by Ordinance No. 24 of1882 and the word " any" substituted] Commissioner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,

Verdict of 3. In the event of any of the jurors dissenting from the residue, the verdict of
majority to be
verdict ofjury
unless in capital a majority shall be held and deemed to all intents and purposes to be the verdict of
cases where
unanimity is the jury ; Provided always, that if any person be arraigned for any offence visited by
requisite.
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.

Who qualified to 4. Every male person between the ages of twenty-one and sixty years , being of
serve as jurors.
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.