Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 33A

Trial by jury in the Court of First Instance

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(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. (Added 52 of 1987 s. 25. Amended 25 of 1998 s. 2) [cf.
1981 c. 54 s. 69 U.K.]