Cap. 3activeordinance

Jury Ordinance

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(Repealed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
)