Full legislation
s.5
Exemptions from service
(1)
The following persons shall be exempt from service as
jurors—
(Amended
51 of 1911
;
63 of 1911
Schedule;
28 of 1962 s. 3
;
28 of 2000 s. 47
)
(a)
members of the Executive or Legislative Council;
(Replaced
8 of 1912 s. 29
. Amended
67 of 1987 s. 2
)
(aa)
(Repealed
78 of 1999 s. 7
)
(ab)
justices of the peace;
(Added
64 of 1984 s. 4
)
(b)
any public officer who
is—
(i)
a judge, deputy judge, District Judge, deputy District Judge,
Registrar, Senior Deputy Registrar, Deputy Registrar, Assistant Registrar,
coroner or magistrate;
(Amended
10 of 2005 s. 163
)
(ii)
a presiding officer, adjudicator or member of any tribunal established
by law;
(iii)
an officer or member of the staff of any court or tribunal established
by law, if his work is mainly concerned with the day to day administration
of the court or tribunal;
(iv)
a legal officer within the meaning of
section 2
of the Legal
Officers Ordinance (
Cap. 87
);
(Replaced
8 of 1993 s. 5
)
(v)
serving in the Department of Justice, the Legal Aid Department, the
Official Receiver’s Office or the Intellectual Property Department;
(Amended
39 of 1992 s. 7
;
60 of 1992 s. 2
;
8 of 1993 s. 5
;
L.N. 362 of 1997
)
(vi)
a member of the Hong Kong Police Force, the Immigration Service, the
Customs and Excise Service or the Fire Services Department, including a
person holding any post specified in the
Seventh Schedule
to the
Fire Services Ordinance (
Cap. 95
);
(Amended
L.N. 362 of 1997
)
(vii)
an officer of the Correctional Services Department;
(viii)
a member of the Government Flying Service;
(Replaced
54 of 1992 s. 19
)
(ix)
the Commissioner, Deputy Commissioner or an officer of the Independent
Commission Against Corruption;
(x)
carrying out duties in the Hong Kong Police Force, the Immigration
Department, the Customs and Excise Department, the Fire Services Department,
the Correctional Services Department, the Government Flying Service or the
Independent Commission Against Corruption;
(Amended
1 of 1997 s. 7
;
L.N. 362 of
1997
)
(xi)
serving in a training or apprentice rank;
(Replaced
64 of 1984 s. 4
)
(xii)
appointed as the principal probation officer, or as a probation
officer, under the Probation of Offenders Ordinance (
Cap. 298
); or
(Added
37 of 1988 s. 3
)
(xiii)
a social worker employed full-time in any reformatory school
established under the Reformatory Schools Ordinance (
Cap. 225
), any place of detention appointed under the Juvenile
Offenders Ordinance (
Cap. 226
), or any approved
institution within the meaning of the Probation of Offenders Ordinance (
Cap. 298
);
(Added
37 of 1988 s. 3
)
(c)
consuls, vice-consuls, and officers of equivalent status, of governments of
foreign states and such salaried functionaries of such governments as are
nationals of such governments and are not carrying on business in Hong Kong, and
the spouses and dependent children of such persons;
(Replaced
6 of 1955 s. 2
. Amended
39 of 1960 s. 3
;
37 of 1988 s. 13
;
23 of 1998 s. 2
)
(d)
barristers-at-law and solicitors in actual practice, and their
clerks;
(e)
persons duly registered as or deemed to be medical practitioners under the
Medical Registration Ordinance (
Cap. 161
),
persons
who are registered dentists or persons with provisional registration within the
meaning of the Dentists Registration Ordinance (
Cap. 156
) and persons duly registered under the
Veterinary Surgeons Registration Ordinance (
Cap.
529
);
(Replaced
31 of 1936 s. 2
. Amended
1 of 1940 s. 28
;
96 of 1997 s. 31
;
22 of 2024 s. 121
)
(f)
editors of daily newspapers in Hong Kong and such members of their staffs
in respect of whom the Registrar is satisfied that jury service would disrupt
the publication of such newspapers;
(Replaced
6 of 1955 s. 2
. Amended
37 of 1988 s. 13
)
(g)
chemists and druggists actually carrying on business as such;
(h)
clergymen, priests, and ministers of any Christian congregation or Jewish
congregation, functioning in Hong Kong;
(Amended
20 of 1948 s. 4
;
37 of 1988 s. 13
)
(ha)
imams of and persons holding similar positions in any Muslim congregation
functioning in Hong Kong;
(Added
72 of 1997 s. 5
)
(hb)
priests of and persons holding similar positions in any Hindu congregation
functioning in Hong Kong;
(Added
72 of 1997 s. 5
)
(i)
full time students of any school, college, university, polytechnic,
technical institute, industrial training centre or other educational (including
vocational education) institution;
(Replaced
64 of 1984 s. 4
)
(j)
members of the Chinese People’s Liberation Army;
(Replaced
2 of 2012 s. 3
)
(k)
pilots licensed under the Pilotage Ordinance (
Cap.
84
), and the master and members of the crew of any ship;
(Replaced
28 of 1962 s. 3
)
(l)
pilots, navigators, wireless operators and other full-time members of the
crews of passenger or mail or commercial aircraft;
(Replaced
6 of 1955 s. 2
)
(m)
members of the Hong Kong Auxiliary Police Force and persons summoned to
act or enrolled or appointed as special constables under any
enactment:
(Amended
29 of 1969 s. 2
;
L.N. 362 of 1997
)
Provided that any person
claiming exemption under this paragraph may be required by the Registrar to
produce a certificate from the Commissioner of Police in proof of such
exemption;
(Replaced
2 of 1959
Second
Schedule
)
(n)
persons who are vowed and full-time members of any religious orders living
in monasteries, convents or other such religious communities;
(Added
6 of 1955 s. 2
. Amended
64 of 1984 s. 4
)
(o)
the spouse
of—
(i)
the Chief Justice;
(ia)
a judge of the Court of Final Appeal;
(Added
79 of 1995 s. 50
)
(ib)
the Chief Judge;
(Added
26 of 1999 s. 3
)
(ii)
a Justice of Appeal;
(iii)
a judge of the Court of First Instance; and
(Amended
25 of 1998 s. 2
)
(iv)
a coroner;
(Replaced
72 of 1997 s. 5
)
(p)
spouses of members of the Chinese People’s Liberation Army;
(Added
39 of 1960 s. 3
. Amended
28 of 1962 s. 3
;
72 of 1997 s. 5
;
2 of 2012 s. 3
)
(q)
(Repealed
25 of 1998 s. 2
)
(r)
the Legal Adviser of the Legislative Council Secretariat and any of his
assistants who is in the full time employment of the Legislative Council
Commission and is a barrister or a solicitor as defined in the Legal
Practitioners Ordinance (
Cap. 159
).
(Added
72 of 1997 s. 5
)
(2)
In this
section—
(a)
reference to
Registrar
includes reference to the Registrar of the District Court;
(aa)
Senior
Deputy
Registrar
(
高級副司法常務官
) means Senior Deputy Registrar
of the High Court;
(Added
10 of 2005 s. 163
)
(b)
Deputy
Registrar
(
副司法常務官
) means Deputy Registrar of the
High Court or of the District Court;
(c)
Assistant
Registrar
(
助理司法常務官
) means Assistant Registrar of
the High Court or of the District Court.
(Added
28 of 2000 s. 47
)