Jury System Notes

Jury System

Modes of a Case in Court

  • Two principal modes:

    • Judge sitting alone

    • Judge sitting with a jury (available only in The Court of First Instance)

Roles of Judge and Jury

  • Judge sitting alone: Decides matters of fact and matters of law.

  • Trial by jury:

    • Judge: Decides the law, gives directions on the law, and sums up the facts.

    • Jury: Decides if the facts have been proven.

  • Judges can significantly influence the jury during summing-up.

Criteria for Jury Service

  • Chosen from the list held by the registrar of the High Court.

  • Must be a Hong Kong resident and aged between 21-65.

  • Must be of sound mind and not afflicted by disability.

  • Must be of good character and have requisite language ability.

  • Exemptions exist for professionals (e.g., lawyers, doctors) and public officers; the Law Reform Commission has recommended removing some exemptions.

Advantages of the Jury System

  • A fundamental cornerstone of the Hong Kong Legal system.

  • Defines acceptable standards through verdicts and trials by peers and ordinary citizens.

  • The jury is not required to provide reasons for decisions, promoting fairness.

  • Overall, the jury system is effective and has a long-standing history.

Disadvantages of the Jury System

  • Jurors' lack of practical experience, research, and decision-making skills may lead to prejudices.

  • High intelligence and qualifications are not necessarily required, which may negatively impact the jury's overall quality and lead to disregard for the law.

  • "4Ms": Male-Dominated, Middle-Class, Middle-Aged, Middle-Mindset

Reform of Jury

  • The Law Reform Commission proposed several recommendations in 2010, including:

    • Reducing the number of exemptions.

    • Having more trials in Chinese.

    • Introducing academic and professional qualifications for jurors.

  • Proposed abolishing juries in complex fraud trials and establishing a Fraud Trail Tribunal (FTT).

  • FTT would consist of a specially trained judge and two laypersons with commercial expertise to enhance efficiency and fairness.

Conclusion

  • The jury system has a long history in Hong Kong and has been successful.

  • Its advantages outweigh the disadvantages.

  • Promotes fairness by involving diverse community perspectives, impartial verdicts free from judicial bias, and enhances public trust in the Hong Kong legal system.