Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.33A

Trial by jury in the Court of First Instance

(1)
Where, on the application of any party to an action the Court of First Instance
                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.
(2)
An application under subsection (1) must be made not later than such time
                before the trial as may be prescribed by rules of court.
(3)
An action to be tried in the Court of First Instance which does not by virtue
                of subsection (1) fall to be tried with a jury shall be tried without a jury unless
                the Court in its discretion orders it to be tried with a jury.
(4)
Nothing in subsections (1) to (3) shall affect the power of the Court to order,
                in accordance with rules of court, that different questions of fact arising in any
                action be tried by different modes of trial; and where any such order is made,
                subsection (1) shall have effect only as respects questions relating to any such
                claim, question or issue as is mentioned in that subsection.
(5)
Where for the purpose of disposing of any action or other matter which is being
                tried in the Court of First Instance by a judge with a jury it is necessary to
                ascertain the law of any other place which is applicable to the facts of the case,
                any question as to the effect of the evidence given with respect to that law shall,
                instead of being submitted to the jury, be decided by the judge alone.