Re An Application for Exemption From Jury Service

HCMP003270/1994

1994 No. MP3270

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H E A D N O T E

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EXEMPTION FROM JURY SERVICE - APPLICATION SHOULD NOT BE MADE EX-PARTE BUT SHOULD JOIN THE ATTORNEY GENERAL AS A RESPONDENT

1994 No. MP 3270

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

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Coram: Hon. Yam, J. in Chambers

Date of hearing: 25 November 1994

Date of decision: 25 November 1994

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D E C I S I O N

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1. This is an application by ex-parte Originating Summons for exemption from the Jury service pursuant to S.28 of the Jury Ordinance, Cap.3.

2. The Ordinance only provided that an application should be made to a Judge of the High Court by originating summons without specifying who should be joined as a party to these proceedings. There are quite a few applications recently and they are all made ex-parte.

3. In my view, in such an application, the Attorney General should be joined as a Respondent as a proper and necessary party. It is quite difficult for the Court to ascertain whether those matters raised on affidavit by the Applicant are true and correct. For instance in this case, the Applicant deposed that he has already been serving our community by a number of public appointments - a total of about 14 appointments in various advisory boards or committees. The Attorney General, representing the executive Government, would be in a position to confirm whether that is correct or not.

4. Further the Attorney General can also represent the community at large and make representation to the Court as to whether he would support or oppose such an application. He may also bring in other facts before the Court for consideration. Accordingly I direct that the Attorney General should be joined as a Respondent to these proceedings.

Representation:

Mr T. Szeto of Siao, Wen & Leung, for Applicant