| 释义 |
審訊 A fact finding process, by which a court resolves disputed issues of fact presented by the parties and applies appropriate legal rules, culminating in a judgment.
Criminal law - A procedure where a magistrate or a judge (with or without jury) hears the opening speeches from the prosecution and defence counsels (there may not be any opening speeches at the magistracy level) and testimony given by witnesses (factual or expert witnesses) in examination in chief and cross examination, looks at any exhibits produced and listens to the submissions from both sides. Based on the evidence and the legal principles, the judge decides whether to convict or acquit the defendant. A criminal trial takes place before a magistrate, at the District Court or the Court of First Instance, depending on the seriousness of the offence and the jurisdiction of the respective courts, and also whether the offence is an indictable offence or a summary offence. Every person to be tried before the Court of First Instance must be tried on an indictment and, subject to exceptions, before a single judge and jury. The Chief Justice has power, however, to direct that any proceeding or class of proceeding in the Court of First Instance must be heard and determined by two or more judges of the court. Further, on motion by the Secretary for Justice the trial of any indictment may be had at bar, that is by and before two judges and a jury: Criminal Procedure Ordinance (Cap 221) s 42. See also Discretion; Fair trial; Judicial discretion; Right to legal representation; Trial by jury; Trial judge.
Practice and procedure - A procedure where a judge (with or without jury) hears the opening speeches from both sides and testimony given by witnesses (factual or expert witnesses) in examination in chief and cross examination, looks at any exhibits produced and listens to the closing submissions from both sides. Based on the evidence and the legal principles, the judge delivers a judgment. Civil trials take place in the District Court or the Court of First Instance, depending on the amount of damages sought and the jurisdiction of the courts. A trial includes the hearing of an application for summary judgment: High Court Ordinance (Cap 4) s 21H. The court may order separate trials of preliminary point of law or other issues and liability and damages. See also Judge; Jury; Question of fact; Question of law; Trial by jury.
指就事實作出裁斷的過程，法院會在此過程解決由當事人提出的受爭議的事實爭論點、並引用適當的法律規則以作出判決。
刑法 - 指下列的程序：裁判官或法官(不論是否有陪審團)聆聽由控方及辯方大律師作出的開審陳詞(在裁判法院可能不會有開審陳詞)、由證人(事實證人或專家證人)在受訊問及盤問的情況下作出的證供、審議任何由雙方提供的證物、及聆聽雙方作出的陳詞。法官會根據有關的證據及法律原則，就是否將被告人定罪或判他／她無罪作出決定。刑事審訊是在地方法院或是在原訟法庭的裁判官的席前進行，取決於有關罪行的嚴重性及有關法院的司法管轄權，並視乎有關罪行是否可公訴罪行或循簡易程序判決的罪行。每一名在原訟法庭席前受審的人必須循公訴程序受審，及除例外情形外，須在單一名法官及陪審團的席前受審。但終審法院首席法官有權就原訟法庭的任何法律訴訟程序或法律訴訟程序類別，作出必須在多於一名法院法官進行聆訊及作出裁定的指引。此外，法官應律政司司長的動議，須命令任何公訴書的審訊須作會審，即由位法官會同陪審團於其席前審訊：《刑事訴訟程序條例》(第221章)第42條。另見 Discretion; Fair trial; Judicial discretion; Right to legal representation; Trial by jury; Trial judge。
常規與程序 - 指下列的程序：裁判官或法官(不論是否有陪審團)聆聽由訴訟雙方作出的開審陳詞、由證人(事實證人或專家證人)在受訊問及盤問的情況下作出的證供、審議任何由雙方提供的證物、及聆聽雙方作出的陳詞。法官會根據有關的證據及法律原則宣告判決。民事審訴是在地方法院或是在原訟法庭進行，取決於所尋求的損害賠償款額及有關法院的司法管轄權。審訊包括申請作出簡易判決的聆訊：《高等法院條例》(第4章)第21H條。有關法院可作出分開審訴初步法律問題或其他法律責任及損害賠償爭議點的命令。另見 Judge; Jury; Question of fact; Question of law; Trial by jury。n. |