### Jury Ordinance 《陪審團條例》

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—
(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)
(Replaced 55 of 1978 s. 2)

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 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)

### Jury Ordinance 《陪審團條例》

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Whenever the jury in any case have withdrawn and been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or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. (Replaced 37 of 1988 s. 11. Amended 13 of 1995 s. 16)
(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
(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. Amended 1 of 1997 s. 9)

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.
(Replaced 3 of 1971 s. 6)

### Jury Ordinance 《陪審團條例》

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)

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)