The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(807) JURY SERVICE

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A Jury is a group of 7 persons (or where the Court so orders, a group of 9) who decide what are the true facts in a court case. A Jury is most commonly used in trials of persons suspected to have committed serious criminal offences in the High Court. Where a death inquest is required by the Coroner's Court to be held with a jury, a jury of 5 persons is appointed.

Every resident of Hong Kong who is between 21 and 65 years old is eligible to be a juror provided he meets certain basic requirements. He must be of sound mind and not affected with deafness, blindness or similar disability and must have a good knowledge of the language of the court proceedings (Chinese or English as the case may be).

Some people are exempted from serving on a Jury. They include members of Executive Council, Legislative Council; Government Servants whose duties are connected with the Administration of justice or the Disciplined Services, soldiers, auxiliary policemen, foreign diplomats, lawyers and their clerks, medical practitioners etc.

First of all, the Commissioner of Registration will include names of persons who are considered eligible in the list of jurors. The Registrar, High Court will serve a notice on those jurors, notifying that their names are about to be added to the list of jurors. Within 14 days after service of this notice the Juror must make application to the Registrar, High Court in writing if he claims an exemption.

Whenever it is necessary to call a jury to be present in the High Court or the Coroner's Court on a specific date, the Court will send summonses (usually by registered post) to a number of jurors drawn at random from the jurors list.

If the juror wants to be exempted he must write to the Registrar, High Court stating a good reason why he should be excused from serving on the jury. He can also ask the Judge for exemption on the day he goes to court.

It is an offence to ignore a summons and fail to report for Jury service, without a reasonable excuse. The maximum fine is $5,000-.

Generally more Jurors are summoned to court than will actually be needed. The separate cards of all the Jurors who have been summoned are put into a box and names are drawn one by one until 7 jurors (or 9 jurors) in the case of a High Court trial or 5 in the case of an inquest held in Coroner's Court are approved. In a criminal trial, the accused person may challenge up to 5 jurors selected from the box without reasons.

In all criminal cases a majority or not less than 5 jurors is required for a lawful verdict. In a death inquest held with a jury, the findings of 3 or more jurors shall be taken to be the findings.

A person who serves as a juror is paid an allowance of at least $995 per day.

It is an offence for an employer at any time to dismiss or otherwise to discriminate against an employee because he is serving or has served on a Jury and the maximum punishment for that is $25,000- fine and imprisonment for 3 months.

More details on Jury Service could be found at the "Jury" page of the Judiciary Website at http://www.judiciary.gov.hk.

Date of amendment: 17th November 2023