Hong Kong's jury system: not an ‘unwritten law'
Across the globe, countless films depict trials in which defendants face serious charges before a jury, with suspense building until the final verdict is revealed in the last few minutes before the credits roll.
A notable example is the 1985 Hong Kong film The Unwritten Law, featuring a young Andy Lau Tak-wah as a defence barrister. This classic is popular in Hong Kong, as well as among Chinese-speaking communities in Asia and beyond. Since then, numerous courtroom thrillers involving juries have been produced, many achieving success at the box office.
The jury system is a common feature of many common law systems, although it has been abolished in some jurisdictions such as Singapore.
Introduced in Hong Kong in 1845, the jury system has in effect been in operation for more than 175 years. Its importance and widespread acceptance are underscored by Article 86 of the Basic Law, which states: 'The principle of trial by jury previously practised in Hong Kong shall be maintained.'
Juries are mainly used in criminal trials for more serious offences tried in the Court of First Instance. The essential function of a jury is to determine the relevant facts of a case from the evidence presented in court and to apply the law as directed by the judge. The judge addresses points of law and jurors assess the facts, applying their common sense and life experience to determine the truthfulness of witness testimony.
The jury system allows members of the community to participate in the criminal justice process, bringing their perspectives and experiences. It also plays a pivotal role in maintaining public confidence and legitimacy in the criminal justice system, as jurors gain first-hand insight into the operation of the justice system through their participation.
Of course, it must be recognised that for historical reasons – as trials in Hong Kong were conducted solely in English and the English-speaking population was relatively small – the vast majority of criminal offences in Hong Kong have been tried in the Magistrates' Court and the District Court, where there are no juries, and yet sentences can be up to seven years.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
South China Morning Post
35 minutes ago
- South China Morning Post
Former traditional Chinese medicine chief Yu Wenming caught in corruption crackdown
China's top graft-buster is investigating the former director of the National Administration of Traditional Chinese Medicine on suspicion of corruption. Advertisement The Central Commission for Discipline Inspection said on Sunday that Yu Wenming, 62, was suspected of committing 'serious violations of discipline and law', a euphemism for corruption. Yu last appeared in public giving a speech at the Qihuang Forum held by the Chinese Association of TCM in April. His was taking part as the association's director. Yu gained a national profile during the Covid pandemic as a vocal proponent of the approach to treat the coronavirus but started his career as a journalist in 1988, after graduating with a master's degree from Tianjin University of TCM. Yu became vice director of the administration in 2004 and was promoted to director in 2018, when the State Council embarked on a reshuffle of senior personnel at the nine agencies under its direct control. In 2023, he was replaced by Yu Yanhong Advertisement During his term, Yu Wenming promoted the use of traditional Chinese medicine, heading central government calls to foster talent and systematically develop the discipline.
South China Morning Post
5 hours ago
- South China Morning Post
Hong Kong police probe theft of HK$3,000 of Labubu figures from claw machine shop
Hong Kong police are investigating the theft of reportedly about HK$3,000 (US$382) worth of Labubu figures, a brand by a local designer that has taken the world by storm, from a claw machine store. The force said on Saturday evening that the incident was reported by a claw machine shop owner surnamed Wong, who was based in Yau Ma Tei district. Wong told police that when he stopped by his shop at around 6.30pm, he found that one of the machines had been damaged and some of the merchandise inside had been stolen. Police arrived at the scene soon after and confirmed that about HK$3,000 worth of merchandise had been stolen. The case has been classified as a theft. Images shared online show the claw machine was stocked with Labubu figurines – a type of doll manufactured by Beijing-based Pop Mart that has recently taken the world by storm. Each Labubu doll in the machine was reportedly valued at around HK$200 to HK$250 (US$25 to US$32), with one model fetching as high as HK$800. It is understood that the door to the claw machine had been pried open.
South China Morning Post
9 hours ago
- South China Morning Post
Chinese university graduate pickpockets to satisfy lust for worldwide travel
A 25-year-old man has been arrested by police in China for stealing multiple wallets full of cash and credit cards to fund his travels around the world. Advertisement The man, who has been identified only as An, graduated from a top university in Shanghai and works in human resources at a major company in the city. Over the past three years, he has made more than 120 domestic and foreign trips, Shanghai TV reported. Police officers arrested An after becoming suspicious about his level of spending. Photo: Sohu The suspicions of police were raised because he earns just 10,000 yuan (US$1,400) a month, hardly enough to cover the cost of his extravagant travel desires. Officers caught An after a man, surnamed Li, attended An's company for a job interview and reported to the police that his wallet was missing. Li told the police that An had been highly suspicious, adding that after the job interview he received a call from his bank telling him that someone had used his credit card to buy a return air ticket to a foreign country in An's name. Advertisement Officers also discovered two wallets belonging to men surnamed Zhou and Zhang at An's home.
