Jury Ordinance

Jury Ordinance
T-2
Cap. 3
Jury Ordinance
(Cap. 3)
Contents
Section Page
1. Short title 2
2. Interpretation 2
3. Number of jurors on trial 2
4. Qualifications and disabilities 4
4A. Supply of information 4
5. Exemptions from service 8
6. Want of qualification to be ground of 16
challenge but not of avoiding trial
7. Provisional list of jurors 18
8. (Repealed) 20
9. Settlement of lists of jurors 20
10. Publication and bringing into operation of 22
lists of jurors
11. Power to add to settled list of jurors 22
12. Power to remove from jury lists 24
13. Formation of panel of jurors 26
14. (Repealed) 26
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Section Page
15. Juries in civil actions 26
16. Passing over names for panel 28
17. Summoning of jurors 30
18. Making of list of jurors summoned 30
19. (Repealed) 32
20. Special powers of judge as to composition of 32
jury
21. Ballot for jury 32
22. Keeping jury together 32
23. Empanelling new jury for new case 34
24. Majority verdicts 36
25. Death or discharge of juror 38
26. Mode of giving verdict 40
27. Case of jury not agreeing upon verdict 42
28. Power of the court to exempt juror 42
29. Challenge of jurors by accused 44
30. Talesmen 44
31. Payment of jurors 46
32. Fining of juror for non-attendance, etc. 46
33. Punishment of employer discriminating 48
against employee by reason of jury service
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Cap. 3
Section Page
34. Levying of fines 50
35. Inspection of property by jury 50
36. Declaration by non-Christian juror in lieu of 50
oath
37. (Repealed) 50
38. Rules 50
Schedule S-2
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Jury Ordinance
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Section 1 Cap. 3
To amend and consolidate the law relating to jurors.
[1 June 1887]
(Format changes—E.R. 2 of 2019)
1. Short title
This Ordinance may be cited as the Jury Ordinance.
(Amended 5 of 1924 s. 6)
2. Interpretation
In this Ordinance, unless the context otherwise requires—
Commissioner (處長) has the same meaning as in the Registration
of Persons Ordinance (Cap. 177); (Replaced 37 of 1988 s. 2)
court (法庭) means the Court of First Instance; (Amended 25 of
1998 s. 2)
proceedings (法律程序) means proceedings at a trial in the court
or at an inquest under the Coroners Ordinance (Cap. 504);
(Added 72 of 1997 s. 2. Amended 21 of 1999 s. 21)
Registrar (司法常務官) means the Registrar of the High Court.
(Added 5 of 1924 Schedule)
3. Number of jurors on trial

In all civil and criminal trials and in all inquiries into the idiocy,
lunacy, or unsoundness of mind of any person, the jury, if any,
shall consist of 7 persons except where the court or the judge
before whom any such trial or inquiry is or may be heard, orders
that the jury shall consist of 9 persons.
(Amended 37 of 1947 s. 2; 3 of 1986 s. 2)
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Verified Copy 20.6.2019
Jury Ordinance
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Section 4 Cap. 3
4. Qualifications and disabilities

(1) A person who has reached 21 years of age, but not 65 years
of age, and is a resident of Hong Kong is, except as provided
by this Ordinance, liable to serve as a juror in the proceedings
in the court or in an inquest under the Coroners Ordinance
(Cap. 504) if (but only if)— (Amended 21 of 1999 s. 22)
(a) the person is of sound mind and not afflicted by
blindness, deafness or other disability preventing the
person from serving as a juror; and
(b) the person is of good character; and
(c) the person has a sufficient knowledge of the language in
which the proceedings are to be conducted to be able to
understand the proceedings.
(2) In a trial before a jury, the court or a coroner may, on the
court or the coroner’s own motion or on the application of
the Registrar or of any interested party, discharge any person
summoned to serve as a juror who is unable to satisfy the
court or the coroner that the person’s knowledge of the
language in which the proceedings are to be conducted is
sufficient to enable the person to understand the proceedings.
(Replaced 72 of 1997 s. 3)
4A. Supply of information

(1) The Registrar or the Commissioner may, by notice in writing,
require any person specified in the notice who possesses that
information, to supply him, in such manner and within such
time as may be so specified, with—
(a) the name and the number of the identity card of
any person who has obtained a grade of pass in an
English language examination or a Chinese language
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Section 4A Cap. 3
examination or part of such an examination as may be

so specified; (Replaced 72 of 1997 s. 4)
(b) such information as the Registrar or the Commissioner
considers necessary to enable the Registrar or the
Commissioner to determine whether any person has
a sufficient knowledge of the language in which the
proceedings are to be conducted to be able to understand
the relevant proceedings. (Replaced 72 of 1997 s. 4)
(2) Notice under subsection (1) may be given to the person in
question by—
(a) delivering it to him;
(b) leaving it at his last known address; or
(c) sending it by post to his last known postal address.
(3) Any person who—
(a) without reasonable excuse, fails to comply with a
requirement under subsection (1); or
(b) in purported compliance with any such requirement,
knowingly supplies any information which is false in a
material particular,
shall be guilty of an offence and liable to a fine at level 2 and
to imprisonment for 3 months. (Amended E.R. 2 of 2019)
(4) For the purposes of subsection (1)(a)—
(a) an English language examination means an examination
of English language or an examination conducted in the
English language; and
(b) a Chinese language examination means an examination
of Chinese language or an examination conducted in the
Chinese language. (Added 72 of 1997 s. 4)
(Added 64 of 1984 s. 3)
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Section 5 Cap. 3
5. Exemptions from service

(1) The following persons shall be exempt from service as
jurors— (Amended 51 of 1911; 63 of 1911 Schedule; 28 of
1962 s. 3; 28 of 2000 s. 47)
(a) members of the Executive or Legislative Council;
(Replaced 8 of 1912 s. 29. Amended 67 of 1987 s. 2)
(aa) (Repealed 78 of 1999 s. 7)
(ab) justices of the peace; (Added 64 of 1984 s. 4)
(b) any public officer who is—
(i) a judge, deputy judge, District Judge, deputy
District Judge, Registrar, Senior Deputy Registrar,
Deputy Registrar, Assistant Registrar, coroner or
magistrate; (Amended 10 of 2005 s. 163)
(ii) a presiding officer, adjudicator or member of any
tribunal established by law;
(iii) an officer or member of the staff of any court or
tribunal established by law, if his work is mainly
concerned with the day to day administration of
the court or tribunal;
(iv) a legal officer within the meaning of section 2 of
the Legal Officers Ordinance (Cap. 87); (Replaced
8 of 1993 s. 5)
(v) serving in the Department of Justice, the Legal Aid
Department, the Official Receiver’s Office or the
Intellectual Property Department; (Amended 39 of
1992 s. 7; 60 of 1992 s. 2; 8 of 1993 s. 5; L.N. 362
of 1997)
(vi) a member of the Hong Kong Police Force, the
Immigration Service, the Customs and Excise
Service or the Fire Services Department, including
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Section 5 Cap. 3
a person holding any post specified in the Seventh

Schedule to the Fire Services Ordinance (Cap. 95);
(Amended L.N. 362 of 1997)
(vii) an officer of the Correctional Services Department;
(viii) a member of the Government Flying Service;
(ix) the Commissioner, Deputy Commissioner or an
officer of the Independent Commission Against
Corruption;
(x) carrying out duties in the Hong Kong Police Force,
the Immigration Department, the Customs and
Excise Department, the Fire Services Department,
the Correctional Services Department, the
Government Flying Service or the Independent
Commission Against Corruption; (Amended 1 of
1997 s. 7; L.N. 362 of 1997)
(xi) serving in a training or apprentice rank; (Replaced
64 of 1984 s. 4)
(xii) appointed as the principal probation officer, or as a
probation officer, under the Probation of Offenders
Ordinance (Cap. 298); or (Added 37 of 1988 s. 3)
(xiii) a social worker employed full-time in any
reformatory school established under the
Reformatory Schools Ordinance (Cap. 225), any
place of detention appointed under the Juvenile
Offenders Ordinance (Cap. 226), or any approved
institution within the meaning of the Probation
of Offenders Ordinance (Cap. 298); (Added 37 of
1988 s. 3)
(c) consuls, vice-consuls, and officers of equivalent status,
of governments of foreign states and such salaried
functionaries of such governments as are nationals of
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Section 5 Cap. 3
such governments and are not carrying on business in

Hong Kong, and the spouses and dependent children of
such persons; (Replaced 6 of 1955 s. 2. Amended 39 of
1960 s. 3; 37 of 1988 s. 13; 23 of 1998 s. 2)
(d) barristers-at-law and solicitors in actual practice, and
their clerks;
(e) persons duly registered as or deemed to be medical
practitioners under the Medical Registration Ordinance
(Cap. 161), persons duly registered as dentists under
the Dentists Registration Ordinance (Cap. 156) and
persons duly registered under the Veterinary Surgeons
Registration Ordinance (Cap. 529); (Replaced 31 of
1936 s. 2. Amended 1 of 1940 s. 28; 96 of 1997 s. 31)
(f) editors of daily newspapers in Hong Kong and such
members of their staffs in respect of whom the
Registrar is satisfied that jury service would disrupt the
publication of such newspapers; (Replaced 6 of 1955 s. 2.
Amended 37 of 1988 s. 13)
(g) chemists and druggists actually carrying on business as
such;
(h) clergymen, priests, and ministers of any Christian
congregation or Jewish congregation, functioning in
Hong Kong; (Amended 20 of 1948 s. 4; 37 of 1988
s. 13)
(ha) imams of and persons holding similar positions in any
Muslim congregation functioning in Hong Kong; (Added
72 of 1997 s. 5)
(hb) priests of and persons holding similar positions in any
Hindu congregation functioning in Hong Kong; (Added
72 of 1997 s. 5)
(i) full time students of any school, college, university,
polytechnic, technical institute, industrial training centre
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Section 5 Cap. 3
or other educational (including vocational education)

institution; (Replaced 64 of 1984 s. 4)
(j) members of the Chinese People’s Liberation Army;
(k) pilots licensed under the Pilotage Ordinance (Cap. 84),
and the master and members of the crew of any ship;
(l) pilots, navigators, wireless operators and other full-
time members of the crews of passenger or mail or
commercial aircraft; (Replaced 6 of 1955 s. 2)
(m) members of the Hong Kong Auxiliary Police Force and
persons summoned to act or enrolled or appointed as
special constables under any enactment: (Amended 29 of
1969 s. 2; L.N. 362 of 1997)
Provided that any person claiming exemption under this
paragraph may be required by the Registrar to produce a
certificate from the Commissioner of Police in proof of
such exemption; (Replaced 2 of 1959 Second Schedule)
(n) persons who are vowed and full-time members of any
religious orders living in monasteries, convents or other
such religious communities; (Added 6 of 1955 s. 2.
(o) the spouse of—
(i) the Chief Justice;
(ia) a judge of the Court of Final Appeal; (Added 79 of
1995 s. 50)
(ib) the Chief Judge; (Added 26 of 1999 s. 3)
(ii) a Justice of Appeal;
(iii) a judge of the Court of First Instance; and
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Section 6 Cap. 3
(iv) a coroner; (Replaced 72 of 1997 s. 5)

(p) spouses of members of the Chinese People’s Liberation
Army; (Added 39 of 1960 s. 3. Amended 28 of 1962 s. 3;
72 of 1997 s. 5; 2 of 2012 s. 3)
(q) (Repealed 25 of 1998 s. 2)
(r) the Legal Adviser of the Legislative Council Secretariat
and any of his assistants who is in the full time
employment of the Legislative Council Commission
and is a barrister or a solicitor as defined in the Legal
Practitioners Ordinance (Cap. 159). (Added 72 of 1997
s. 5)
(2) In this section—
(a) reference to Registrar includes reference to the Registrar
of the District Court;
(aa) Senior Deputy Registrar (高級副司法常務官) means
Senior Deputy Registrar of the High Court; (Added 10
of 2005 s. 163)
(b) Deputy Registrar (副司法常務官) means Deputy
Registrar of the High Court or of the District Court;
(c) Assistant Registrar (助理司法常務官) means Assistant
Registrar of the High Court or of the District Court.
(Added 28 of 2000 s. 47)
6. Want of qualification to be ground of challenge but not of

avoiding trial
If any person is summoned as a juror who is not qualified or
liable to serve as a juror, or is exempt from service, such want of
qualification or exemption shall be a good cause of challenge and
the person so summoned shall be discharged on such challenge
or on his own application, if the court is satisfied of the fact and
so directs; but no such want of qualification or exemption, if not
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Section 7 Cap. 3
submitted to the court before such person is sworn, shall afterwards

be accepted as a ground for impeaching any verdict given by the
jury on which such person has served.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of
1911 Schedule; 13 of 1995 s. 4)
7. Provisional list of jurors

(1) As soon as it appears to the Commissioner that any person
is—
(a) qualified to serve as a juror under section 4; and
(b) not exempt from service as a juror under section 5,
he shall cause to be served on such person a notice in the
form of Form 2 in the Schedule. (Replaced 28 of 1962 s. 4)
(2) If any person upon whom a notice has been served in
accordance with subsection (1) considers that he—
(a) does not qualify to serve as a juror under section 4; or
(b) is exempt from service as a juror under section 5,
he shall within 14 days after service upon him of such
notice, notify the Registrar in writing to that effect stating the
grounds upon which he claims exemption. (Replaced 28 of
1962 s. 4. Amended 37 of 1988 s. 4)
(3) On or before 1 October in each alternate year after the year
1960, the Registrar shall compile a provisional list of jurors
which shall consist of— (Amended 37 of 1988 s. 4; 13 of
1995 s. 5)
(a) the name of every person whose name appeared on the
last preceding list of jurors other than the name of a
person who the Registrar has reason to believe to have
died or left Hong Kong permanently; and (Replaced 3 of
1971 s. 3. Amended 37 of 1988 ss. 4 & 13; 13 of 1995
s. 5)
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Section 8 Cap. 3
(b) subject to the determination of the Registrar upon

any claim for exemption notified in accordance with
subsection (2), the names of those persons upon
whom, on or before the last preceding 1 September,
the Commissioner caused a notice to be served in
accordance with subsection (1). (Amended 37 of 1988
s. 4)
(4) For the purpose of subsection (1), service of notice may be
effected either by personal service or by posting the notice
addressed to the person to be served at his last address as
known to the Registrar. (Amended 37 of 1988 s. 4)
8. (Repealed 13 of 1995 s. 6)
9. Settlement of lists of jurors

(1) On or before 1 October in each alternate year after the
year 1960, the Registrar shall publish in the Gazette and in
one English language daily newspaper and in one Chinese
language daily newspaper, each circulating in Hong Kong, a
notice stating that copies of the provisional list of jurors are
available for inspection at his office and at other addresses
specified in the notice upon such days and between such
hours as shall be specified in the notice up to and including
the next 14 October. (Replaced 37 of 1988 s. 5)
(2) At any time between such 1 October and such 14 October,
any person may apply by notice in writing addressed to the
Registrar requiring that his name, or the name of any other
person, be added to or deleted from the list of jurors for cause
duly assigned in such notice.
(3) On receipt of any application in accordance with subsection
(2) relating to any person whose name appears on the list of
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Section 10 Cap. 3
jurors the Registrar shall in his discretion allow or disallow

the application and finally settle such list accordingly.
(3A) In settling a list under this section the Registrar may, without
any application under subsection (2) in that behalf, remove
from the list the name of any person who he has reason
to believe to have died or left Hong Kong permanently.
(4) (Repealed 13 of 1995 s. 7)
(5) Notwithstanding the foregoing provisions of this section the
Registrar may adopt the list of a previous year as the list of
jurors of the current year. (Replaced 13 of 1995 s. 7)
(Added 39 of 1960 s. 5. Amended 13 of 1995 s. 7)
10. Publication and bringing into operation of lists of jurors

(1) Not later than 1 February in each alternate year after the
year 1961, the Registrar shall publish in the Gazette a notice
stating that copies of the list of jurors as finally settled by him
may be inspected at his office and at other addresses specified
in the notice upon such days and during such hours as shall
be specified in the notice. (Replaced 37 of 1988 s. 6)
(2) The list of jurors shall be in force from 15 days after the date
on which the notice referred to in subsection (1) is published
in the Gazette until 15 days after the date on which such
notice relating to the next succeeding list is so published.
11. Power to add to settled list of jurors

(1) The Registrar may—
(a) compile a list of the names of persons who have become
liable for inclusion in the list of jurors after the final
settlement of that list in accordance with section 9; and
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Section 12 Cap. 3
(b) publish in the Gazette and in one English language

daily newspaper and in one Chinese language daily
newspaper, each circulating in Hong Kong, a notice
stating that copies of the list of such additional jurors
are available for inspection at his office and at other
addresses specified in the notice upon such days and
between such hours during the next 14 days as shall be
specified in the notice.
(2) Any person may, during the period of 14 days specified in
subsection (1), apply by notice in writing addressed to the
Registrar requiring that his name or the name of some other
person, be added to or deleted from the list compiled under
subsection (1), for cause duly assigned in that notice.
(3) On receipt of any application in accordance with subsection
(2) the Registrar shall in his discretion allow or disallow
the application and finally settle the list of additional jurors
accordingly.
(4) The Registrar shall publish in the Gazette a notice stating
that copies of the list of additional jurors finally settled in
accordance with subsection (3) may be inspected at his office
and at other addresses specified in the notice upon such days
and during such hours as shall be specified in the notice.
(5) Any person whose name appears in a list of additional jurors
finally settled in accordance with subsection (3) shall be
deemed for all purposes to be a juror whose name appeared
in the list of jurors settled in accordance with section 9.
12. Power to remove from jury lists

(1) The Registrar may, from time to time—
(a) amend the list of jurors by removing the name of any
person who he has reason to believe is not qualified
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Section 13 Cap. 3
or liable to serve as a juror, or is exempt from service.

(Amended 13 of 1995 s. 10)
(b) (Repealed 13 of 1995 s. 10)
(2) (Repealed 37 of 1988 s. 8)
13. Formation of panel of jurors

(1) Whenever it is necessary to summon a jury, the Registrar
shall select from the list of jurors, by ballot or by any other
method of random selection, such number of jurors as a judge
shall direct to form a panel. Whenever from any cause any
juror who has been selected cannot be served the Registrar
shall select a further juror to complete the number required
for such panel. Such panel shall attend and serve for such
a period as the judge shall direct. Whenever the judge so
directs the Registrar shall divide such panel equally into 2
or more sets, and the first of such sets shall attend and serve,
and the second and any subsequent set shall attend and serve,
for such respective periods as the judge shall direct: (Amended
57 of 1967 Schedule; 13 of 1995 s. 11)
Provided that notwithstanding that attendance and service for
such a period shall have been so directed no juror shall be
excused from attendance and service unless and until he shall
have been discharged by the judge in respect of any case in
which he has been called to serve as a juror. (Replaced 32 of
1950 s. 7. Amended 32 of 1952 s. 3; 64 of 1984 s. 6)
(2) (Repealed 64 of 1984 s. 6)
14. (Repealed 13 of 1995 s. 12)
15. Juries in civil actions
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Section 16 Cap. 3
(1) Where the court or a judge orders that a cause shall be heard
before a jury, the party applying for such order shall, within
7 days after the cause is set down in the general hearing list
or within such further period as the court or a judge may
allow, deposit with the Registrar a sum sufficient to cover the
expenses of the jury. (Amended 39 of 1960 s. 8; 3 of 1971 s. 5)
(2) Notwithstanding anything contained in the Rules of the High
Court (Cap. 4 sub. leg. A), if such deposit be not made within
the time prescribed in subsection (1) the cause shall be heard
by the court without a jury. (Replaced 39 of 1960 s. 8)
(3) The expenses of the jury shall be treated as costs in the cause,
and shall be awarded and apportioned in the manner provided
by the Rules of the High Court (Cap. 4 sub. leg. A).
(Replaced 33 of 1955 s. 2. Amended 13 of 1995 s. 13; 25 of 1998
s. 2; E.R. 2 of 2019)
16. Passing over names for panel

(1) In forming any panel, the Registrar shall pass over the name
of any person selected who he has reason to believe is—
(a) dead or absent from Hong Kong;
(b) not qualified or liable to serve as a juror; or
(c) exempt from service. (Replaced 64 of 1984 s. 8)
(1A) (Repealed 13 of 1995 s. 14)
(2) In forming a panel under the Coroners Ordinance (Cap. 504),
the Registrar may also pass over the names of any persons
selected, if, in his opinion, such persons cannot conveniently
be served in sufficient time to secure their attendance as
jurors at the inquiry. (Amended 32 of 1952 s. 4; 57 of 1967
Schedule; 64 of 1984 s. 8; 27 of 1997 s. 58)
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Section 17 Cap. 3
17. Summoning of jurors

(1) The Registrar shall issue summonses according to Form 1 in
the Schedule, which shall be served on the persons selected
(other than any person who has served, or (having been
summoned) has attended for service, as a juror at any time
within the preceding period of 2 years) either personally, or
by leaving the same at their residences or places of business,
or by sending the same by registered post addressed to any
such person at his residence or place of business: (Amended
64 of 1984 s. 9)
Provided that if any such summons be not served personally
it shall be served 4 clear days before the day appointed for
the sitting of the court and in addition in the case of service
by post 2 clear days shall be allowed for delivery.
(2) A summons served by post under the provisions hereof and
not returned as undelivered shall be considered as duly served
in the absence of evidence to the contrary.
(3) If a person summoned under the provisions hereof fails to
attend as required by the summons, it shall be lawful for an
officer of the court or a police officer to warn him personally
to attend before the court, and upon non-compliance with
such warning it shall be lawful for a police officer with or
without a warrant to apprehend him and bring him before the
court.
18. Making of list of jurors summoned

The Registrar shall cause a list containing the names, places of
abode, and additions of the persons so summoned to be made out
as soon as conveniently may be after summonses have been served.
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Section 19 Cap. 3
19. (Repealed 13 of 1995 s. 15)
20. Special powers of judge as to composition of jury

It shall be lawful for any judge before whom a case is or may be
heard, in his discretion—
(a) on an application made by or on behalf of the parties
(including in criminal cases the prosecution and the
accused) or any of them, or at his own instance, to make
an order that the jury shall be composed of men only or
of women only, as the case may require;
(b) on an application made by a person to be exempted
from service on a jury in respect of any case by reason
of the nature of the evidence to be given or the issues to
be tried, to grant such exemption. (Amended 67 of 1995
s. 91)
(Added 37 of 1947 s. 8)
21. Ballot for jury

The Registrar shall cause numbers corresponding to the names of
all the jurors summoned to form a panel to be printed on separate
cards of equal size and put in a box, and he or the clerk of the
court shall, in open court, draw therefrom until a jury is obtained.
22. Keeping jury together

(1) After the jury have been sworn or charged with the person
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
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Section 23 Cap. 3
an officer of the court), until the judge has summed up the

evidence and has left the case with the jury:
Provided that if the court adjourns during the hearing of
the case (either during the sitting or at the end of a day’s
sitting) the judge may either allow the jury to disperse, or
may direct that they be removed in charge of an officer of
the court to some convenient place, there to take refreshment
and rest, until the court reassembles, and such officer shall
be sworn that he will suffer none save himself to speak to or
to communicate with them without the leave of the judge.
1911 Schedule)
(2) If, after the case has been left with the jury, the jury desire
to withdraw for the purpose of considering their verdict,
then they shall be kept by an officer of the court in some
convenient place apart by themselves, but they shall be
allowed reasonable refreshment, with power also to retire
alone only for personal purposes, until they are agreed upon
their verdict or are discharged therefrom by the court; and the
officer shall be sworn that he will suffer none to have access
to them nor speak to them himself, except to ask whether
they are agreed upon their verdict or to communicate between
them and the court. (Amended 50 of 1911; 62 of 1911
Schedule)
23. Empanelling new jury for new case

The names of the persons drawn as jurors shall be marked on the
list provided for in section 18, and the cards with the numbers
corresponding to such names shall be kept apart by themselves
until all the cards in the box have been drawn:
Provided that—
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Section 24 Cap. 3
(a) if any case is brought on to be tried before the jury in

any other case 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 such trial; and
(b) where no objection is made on behalf of the plaintiff
or prosecutor or on behalf of the defendant or person
accused, it shall be lawful for the court to try any case
with the same jury who have previously tried or been
drawn to try any other case, but it may 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 number
corresponding to a name to be drawn from the box.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule;
63 of 1911 Schedule; 37 of 1988 s. 10)
24. Majority verdicts

(1) In the event of any of the jurors, after reasonable consultation,
dissenting from the residue the verdict of the jury shall be
determined as provided in this section.
(2) In a civil trial the verdict of—
(a) a majority of the jurors who have been sworn; or
(b) if the number of jurors has been reduced in accordance
with section 25, a majority of the remaining jurors,
shall be taken to be the verdict of the jury.
(3) In a criminal trial— (Amended 24 of 1993 s. 15)
(a) where a jury of 7 persons has been sworn—
(i) the verdict of a majority consisting of not less than
5 of them shall, subject to subparagraphs (ii) and
(iii), be taken to be the verdict of the jury;
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Section 25 Cap. 3
(ii) if the number of jurors has been reduced to 6

in accordance with section 25, the verdict of a
majority consisting of not less than 5 of them shall
be taken to be the verdict of the jury;
(iii) if the number of jurors has been reduced to 5
in accordance with section 25, the jury must be
unanimous in their verdict; and
(b) where a jury of 9 persons has been sworn—
(i) the verdict of a majority consisting of not less than
7 of them shall, subject to subparagraphs (ii), (iii)
and (iv), be taken to be the verdict of the jury;
(ii) if the number of jurors has been reduced to 8
in accordance with section 25, the verdict of a
be taken to be the verdict of the jury;
(iii) if the number of jurors has been reduced to 6 or
7 in accordance with section 25, the verdict of a
be taken to be the verdict of the jury; and
(iv) if the number of jurors has been reduced to 5
in accordance with section 25, the jury must be
unanimous in their verdict.
(4) (Repealed 24 of 1993 s. 15)
(5) If in any trial it seems for any cause to be desirable, the judge
may direct the jury to consider their verdict further.
25. Death or discharge of juror

(1) A court may at any time during the trial of any action, suit,
information or indictment prior to the verdict discharge a
juror—
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Section 26 Cap. 3
(a) where, in the interests of justice, it appears to the court

expedient to do so; or
(b) in the interests of the juror.
(2) Where a member of the jury dies or is discharged by the court
under subsection (1), the jury shall nevertheless, subject to
subsections (3) and (4), be considered as remaining properly
constituted for all the purposes of the action, suit, information
or indictment then being tried. (Amended 3 of 1986 s. 4)
(3) Subject to subsection (4), in the event of the death or
discharge by the court under subsection (1) of any juror
during the trial of any action, suit, information or indictment,
the trial of such action, suit, information or indictment shall
be proceeded 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, being an unanimous verdict
or a majority verdict in accordance with section 24(2), (3) or
(4), shall be of equal validity as if it had been returned by a
jury consisting of the full number of jurors. (Replaced 3 of
1986 s. 4)
(4) In any civil or criminal trial, the jury shall consist of not less
than 5 persons. (Replaced 24 of 1993 s. 16)
26. Mode of giving verdict

The verdict of the jury shall in all cases be given by the foreman
in open court and in the presence of all the jury, and, if in a
criminal proceeding, in the presence of the person accused, and
shall thereupon be recorded by the Registrar or clerk of the
court who 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 person accused,
whether they find such person accused guilty or not guilty; and
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Section 27 Cap. 3
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 that the jury may acquit any person accused of a part of
the charge against him, and find him guilty of the remainder.
(Amended 51 of 1911; 63 of 1911 Schedule; 23 of 1934 s. 3)
27. Case of jury not agreeing upon verdict

Whenever the jury in any case have withdrawn and been kept apart
for the purpose of considering their verdict, and have not returned
the same before all the other cases for trial at the same sitting or
session have been disposed of, or when it sufficiently appears 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 person accused, and the action,
suit, information, or indictment shall be tried as if such first jury
had not been empanelled.
(Amended 51 of 1911; 63 of 1911 Schedule; 8 of 1929 s. 6)
28. Power of the court to exempt juror

(1) On application and on cause being shown, the court may—
(a) exempt any person from serving as a juror on any trial
or for any period;
(b) remove the name of any person from the list of jurors.
(1A) An application under subsection (1) shall be made—
(a) where the person has been summoned to appear as a
juror, to the court or judge before whom he is required
to attend; and
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Section 29 Cap. 3
(b) in any other case, by originating summons to a judge of

the court. (Added 37 of 1988 s. 11)
(2) Without prejudice to anything contained in subsection (1) or
(1A), if any person who has been summoned by the Registrar
to attend on a jury shows in writing to the satisfaction of
the Registrar that there is a good reason why he should be
excused from attending on that jury, it shall be lawful for the
Registrar, notwithstanding anything contained in this or any
other Ordinance, to excuse that person from so attending:
(Amended 37 of 1988 s. 11)
Provided that the Registrar shall produce to the court or judge
any application received by him from any person asking to be
excused from attendance on any jury summoned for the trial
of cases before that court or judge and any correspondence
relating to any such application. (Added 39 of 1960 s. 10.
29. Challenge of jurors by accused

A person arraigned on an indictment for any offence may challenge
not more than 5 jurors without cause and any juror or jurors for
cause.
30. Talesmen
Whenever there is a deficiency of jurors, it shall be lawful for the
court, at the prayer of either of the parties in the action or of the
prosecutor or person accused, to put upon the jury so many fit and
proper persons of the bystanders or others who can be speedily
procured as may be sufficient to make up the full number thereof.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule; 9 of 1950 Schedule)
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Section 31 Cap. 3
31. Payment of jurors

(1) A person who serves as a juror in any case, criminal or civil,
or in any inquest under the Coroners Ordinance (Cap. 504),
shall be paid an allowance, at such rate as the Chief Executive
in Council may prescribe by order published in the Gazette.
(2) In addition to the allowance paid to him under subsection
(1), a person who serves as a juror may be paid an additional
allowance under this subsection if—
(a) in the case of proceedings in the Court of First Instance,
the Chief Justice or the trial judge; or
(b) in the case of an inquest under the Coroners Ordinance
(Cap. 504), the Chief Justice,
so orders.
(3) The allowance paid to a person under subsection (2) shall be
of such amount as the Chief Justice or the judge may direct,
but shall not exceed such rate as the Chief Executive in
Council may prescribe by order published in the Gazette.
(Replaced 3 of 1971 s. 7. Amended 27 of 1997 s. 59; 25 of 1998 s. 2)
32. Fining of juror for non-attendance, etc.

(1) If any juror, having been duly served with a summons—
(a) fails to attend; or
(b) being present, does not appear when called; or
(c) after appearance, withdraws himself without the
permission of the judge,
he shall be guilty of an offence and liable to a fine at level 2.
1911 Schedule; 32 of 1952 s. 5; 55 of 1978 s. 3; 21 of 1999
s. 23)
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Section 33 Cap. 3
(2) A person shall not be liable to a fine under subsection (1) if

he can show some reasonable cause for his failure to comply
with the summons, or for not appearing or for withdrawing
himself without permission. (Added 55 of 1978 s. 3)
(3) Where any juror, having been duly served with a summons—
(a) being present, does not appear when called, or
(b) after appearance, withdraws himself without the
permission of the judge,
such failure to appear or such withdrawal shall be punishable
as a criminal contempt of court committed in the face of the
court. (Added 64 of 1984 s. 11)
33. Punishment of employer discriminating against employee by

reason of jury service
(1) No employer shall terminate, or threaten to terminate, the
employment of, or in anyway discriminate against, any person
employed by him by reason of the fact that such person—
(a) has served, or is serving, as a juror in any proceedings
in the Court of First Instance or in any inquest under the
Coroners Ordinance (Cap. 504); (Amended 27 of 1997
s. 60; 25 of 1998 s. 2)
(b) has been summoned under section 17 to appear as a
juror at the Court of First Instance; or (Amended 25 of
1998 s. 2)
(c) has been summoned under section 22 of the Coroners
Ordinance (Cap. 504) to appear as a juror at an inquest
under that Ordinance. (Amended 27 of 1997 s. 60)
(2) Any person who contravenes subsection (1) shall be guilty of
an offence and liable to a fine at level 4 and to imprisonment
for 3 months. (Amended E.R. 2 of 2019)
(Added 3 of 1971 s. 8. Amended 55 of 1978 s. 4; 64 of 1984 s. 12)
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Section 34 Cap. 3
34. Levying of fines

All fines imposed under this Ordinance shall be levied in such
manner as the court or judge may direct, and, when levied, shall be
paid to the Registrar.
(Amended 50 of 1911; 62 of 1911 Schedule)
35. Inspection of property by jury

On the trial of any civil or criminal case, either party, or the
prosecutor or person accused shall be at liberty to apply to the
court for an order for the inspection by the jury of any property the
inspection of which may be material to the proper determination of
the proceedings in question, and the court may make such order,
on such terms as to adjournment, costs, and otherwise, as the court
may direct.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911
Schedule)
36. Declaration by non-Christian juror in lieu of oath

Every person, not being a Christian, who may be summoned to
serve as a juror in any case, may in lieu of the oath now required
to be taken make the following declaration—
“I, A.B., do solemnly, sincerely, and truly declare that I will
hearken to the evidence, and a true verdict give, to the best of
my skill and knowledge, without fear, favour, or affection.”
(2 of 1860 s. 1 incorporated. Amended 50 of 1911; 62 of 1911

Schedule)
37. (Repealed 25 of 1998 s. 2)
38. Rules
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Section 38 Cap. 3
(1) The Chief Justice may make rules providing for the carrying
into effect of the provisions of this Ordinance. Without
prejudice to the generality of the foregoing power such rules
may provide for forms and summonses.
(2) (Repealed 37 of 1988 s. 12)
(Added 37 of 1947 s. 9)
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Jury Ordinance
Schedule S-2
Cap. 3
Schedule
Form 1
[s. 17]
Form of Summons to Juror
A.B.
You are hereby summoned to appear as a juror at the Court of First
Instance to be holden at
on the day of , 19 ,
at the hour of o’clock in the noon, and there to
attend from day to day until you shall be discharged from the court.
(Signed) C.D., Registrar.
N.B.—The penalty for disobedience hereto is a fine not exceeding level 2.

(Amended 37 of 1988 s. 14; 13 of 1995 s. 17; 25 of 1998 s. 2; 21 of 2020
s. 79)
Form 2
[s. 7]
Jury Ordinance
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Jury Ordinance
Schedule S-4
Cap. 3
(Chapter 3)
Notice
Jury Service
1. Whereas it appears that you are a person—

(a) qualified to serve as a juror under section 4; and
(b) not exempt from service as a juror under section 5,
you are hereby notified that your name will be added to the list of
jurors unless, within 14 days after the receipt of this notice, you
notify me in writing that you claim exemption from jury service on
either of the following grounds—
(i) that you do not qualify to serve as a juror under section
4 of the Jury Ordinance;
(ii) that you are exempt from service as a juror under
section 5 of the Jury Ordinance.
2. A copy of sections 4 and 5 of the Jury Ordinance is attached hereto

for your information.
Dated this day of , 19

.
Registrar of the High Court.
High Court
38 Queensway
Hong Kong
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Jury Ordinance
Schedule S-6
Cap. 3
(Replaced 28 of 1962 s. 5. Amended 37 of 1988 s. 14; 25 of 1998

s. 2)
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Jury Ordinance

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To amend and consolidate the law relating to jurors.

3. Number of jurors on trial

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4. Qualifications and disabilities

4A. Supply of information

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examination or part of such an examination as may be

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5. Exemptions from service

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a person holding any post specified in the Seventh

such governments and are not carrying on business in

or other educational (including vocational education)

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(iv) a coroner; (Replaced 72 of 1997 s. 5)

6. Want of qualification to be ground of challenge but not of

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submitted to the court before such person is sworn, shall afterwards

7. Provisional list of jurors

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(b) subject to the determination of the Registrar upon

9. Settlement of lists of jurors

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jurors the Registrar shall in his discretion allow or disallow

10. Publication and bringing into operation of lists of jurors

11. Power to add to settled list of jurors

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(b) publish in the Gazette and in one English language

12. Power to remove from jury lists

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or liable to serve as a juror, or is exempt from service.

13. Formation of panel of jurors

14. (Repealed 13 of 1995 s. 12)

15. Juries in civil actions

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16. Passing over names for panel

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17. Summoning of jurors

18. Making of list of jurors summoned

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19. (Repealed 13 of 1995 s. 15)

20. Special powers of judge as to composition of jury

21. Ballot for jury

22. Keeping jury together

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an officer of the court), until the judge has summed up the

23. Empanelling new jury for new case

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(a) if any case is brought on to be tried before the jury in

24. Majority verdicts

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(ii) if the number of jurors has been reduced to 6

25. Death or discharge of juror

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(a) where, in the interests of justice, it appears to the court

26. Mode of giving verdict