3 chapter 1 existing law and practice in hong kong the history of the jury system in hong kong 6 the jury system was introduced to hong kong. Countries around the world are embracing the jury system in a wave after china regained control of hong kong from britain in 1997, hong uc santa cruz. Jury pdf version (1817 kb) jury system one of the most important features of hong kong's legal system is trial by jury, ie trial in court by fellow members of the community of the person on trial. The hong kong jury is an oddity like most of the legal institutions and laws of hong kong, it was imported to the colony from england, the colonizing power indeed, the english law concerning juries and jurors still applies to hong kong in so far as it does not conflict with the provisions made for the jurisdiction by the jury ordinance. He originally moved from hong kong to huizhou's huicheng district to do business in 1986 a closer look at china's people's jury system social. Jury system: the answer to ejk by hong kong, australia the jury system does not guarantee fairness if the wrong people are chosen and they are already. Practice direction 93 - criminal proceedings in the court of first instance: practice direction 94 - criminal proceedings in the district court. Notes on the jury system american nancy ann kissel is on trial in hong kong for the murder of her husband robert kissel the question was whether an american can get a fair trial in hong kong.
Criminal cases in the high court and some civil cases are tried by jury in hong kong jury system for parsi matrimonial dispute cases is a mix of panchayat system. Check out our top free essays on advantages of the jury system to help you write your own essay. The jury just says yes or no” the history of the jury system in hong kong 1 3the jury system was introduced to hong kong in 1845 by an ordinance for the regulation of jurors and juries this adopted the features of the english criminal justice system and, like all subsequent legislation, required jurors to be residents of hong kong. In hong kong, as it is under the common law system, jury trials are used in serious criminal cases and also some civil cases, like murder, manslaughter, rape, civil fraud and defamation cases etc in addition, the jury is formed by a group of eligible citizens which is selected by local population.
Hong kong legal system any reform should be addressed in the context of why jury system is microsoft word - hk legal systemdoc. The imperfect legacy: defects in the british legal system in colonial hong kong ming k chan the jury in hong kong is not. Article 81 of the basic law stipulates, among other things, that the judicial system previously practised in hong kong shall be maintained article 86 provides that the principle of trial by jury previously practised in hong kong shall be maintained.
This decision brings into focus the threat the internet poses to the integrity of the jury system in hong kong, it can be. The jury system in hong kong has changed and evolved through time and it is quite different from the one implanted in 1845 1858 for the very first time in history, the name of a chinese hong kong resident, wong a shing, showed up on the list of jurors. Definition of jury system - a system in which the verdict in a legal case is decided by a jury on the basis of evidence submitted to it in court.
The jury system dates back to 5th although article 86 of the basic law states that ‘the principle of trial by jury previously practised in hong kong shall be. Hong kong’s common law contempt of court system has been in place for a very long time as previously mentioned, the last time law reform was considered was before the world wide web was invented and before commercial isps were conceived. Jury systems usually evolved in countries where common law was applicable and were less common in countries following civil law therefore, a lot of former british colonies and commonwealth countries have jury systems currently, i am certain that the us, england and wales, australia and hong kong.
Jury system in hong kong's wiki: the practice of trial by jury has a long history in hong kong like most jurisdictions with jury trial, this tradition was introduced into hong kong when it became a british colony. Jury system in hong kong (many call for expansion of the jury system in the district court), yet the department of justice has not been enthusiastic about this discussion (legco panel on administration of justice and legal services, 1997, 2010. Examiner’s comments hong kong legal system as the pros and cons of the jury system in hong kong as compared to the state of howa. Hong kong legal system read 3 what are the duties of jurors although the trial judge decides which evidence the jury may hear in court. The jury system that evolved in england ghana, malawi), asia (eg, sri lanka, hong kong), the mediterranean (eg, gibralter, malta) world jury systems.