Should Jury Trials to Be Eliminated?

Report

IN WHAT INSTANCES ARE THERE JURY TRIALS IN HONG KONG?

WHAT ARE THE REASONS FOR HAVING THE JURY TRIALS?

AND SHOULD JURY TRIALS BE ELIMINATED?

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CONTENTS

In what instances are there jury trials in Hong Kong

In general, there are three types of situations that would lead to the formation of juries. Death inquest, indictable civil and criminal offenses.  

1. Criminal cases

A jury is formed for criminal offences tried in the Court of First Instance^[1]. Examples include, but not limit to^[2], murder, manslaughter, rape, trafficking in dangerous drugs, armed robbery, etc. Criminal cases tried with a jury are considered to be indictable crimes, as the jurisdiction of the Court of First Instance is unlimited. ^[3], while District Court is seven years (Bypassing the District Court means the imprisonment is expected to be at least seven years, which can consider to be serious offenses.)

One famous example would be the trial of murderer Au-Yeung Ping Keung.^[4] This is the first case in Hong Kong which the accused was proved guilty by jury based on scientific evidence, without witness.  

2. Civil cases

The jury is also available in a civil trial. The High Court Ordinance (Cap 4) stated clearly that the circumstances of which give rise to a jury trial, ‘Where a claim arises in respect of libel, slander, malicious prosecution, false imprisonment or sedition, the action must be tried with a jury, "unless the Court is of the opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury."^[5]