单词 | Trial by jury |
释义 | 在有陪審團的情況下進行審訊 A hearing where the jury determines issues of fact and the trial judge determines issues of law. In a criminal trial of a person before the Court of First Instance he must be tried on an indictment and, subject to exceptions, before a single judge and jury: Criminal Procedure Ordinance (Cap 221) s 41. In a civil action to be tried at the Court of First Instance, where the court, on the application of any party, is satisfied that there is in issue (a) a claim in respect of libel, slander, malicious prosecution, false imprisonment or seduction; or (b) any question or issue of a kind prescribed for the purposes of this paragraph by rules of court, the action shall 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: High Court Ordinance (Cap 4) s 33A (1). The jury shall consist of seven persons except where the court or the judge before whom any such trial or inquiry is or may be heard, orders that the jury shall consist of nine persons in all civil and criminal trials and in all inquiries into the idiocy, lunacy, or unsoundness of mind of any person: Jury Ordinance (Cap 3) s 3. In a trial by jury, the trial judge should of course properly direct the jury on questions of law and remind them of the important evidence from both the prosecution and the defence: HKSAR v Suen Yung Yung & Anor (CACC 509/2001, unreported). See also Indictment; Jury. |
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