Re Walter Cramb Dewar

HCMP000928/1987

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

____________

____________

Coram: Hon. Barnes, J. in Court

Date of Hearing: 13th July 1987

Date of Judgment: 13th July 1987

Reasons reduced to writing: 20th July 1987

___________

JUDGMENT

___________

1. The Applicant is applying under s.28(1) of the Jury Ordinance ("the Ordinance") for removal of his name from the list of jurors.

2. When the matter came before Godfrey J. in Chambers on the 21st of May 1987 he made an order as follows:-

3. Mr. Dinan was instructed to appear as Amicus Curiae when the matter came again before me in open court.

4. The Applicant's case is that as manager of the Engineering Division of a large business organisation, he is required to travel extensively throughout Asia and Europe. He is absent from Hong Kong for extended periods throughout the year and is often required to leave at short notice. There is no one here qualified to take his place. His affidavit sets out details of his absences during the past year and states that the same pattern will be repeated during the next twelve months.

5. Mr. Dinan submits that under s.28 of the Ordinance a judge can (a) exempt a juror from serving as a juror only in respect of a trial over which he is presiding, or (b) order that a juror's name be removed from the list of jurors on cause being shown for so doing.

6. I think that the Applicant has not shown cause why his name should be removed. The circumstances which make it impracticable for him to serve as a juror may not exist in, say, twelve months time. I do not suggest that if they were shown to be a permanent feature of his residence here that cause would be shown. What I do say is that this is not a case for exemption under the first limb of a judge's power under s.28.

7. I do not agree with Mr. Dinan's submission that a judge's power to exempt a person from serving as a juror "on any trial" is limited to trials over which he is presiding. If that were so, Godfrey J. would have had no power to exempt the Applicant in terms of paragraph 2 of his order and judges could not grant temporary exemptions to jurors in recognition of some arduous jury service. It has long been accepted that judges do have power to exempt jurors temporarily.

8. In the exercise of that power I order that the Applicant be exempted from serving as a juror at any trial commencing before 1st of July 1988.

Representation:

Mr. S. Westbrook (Hampton, Winter & Glynn) for the Applicant.

Mr. P. Dinan as Amicus Curiae.