RE WALTER CRAMB DEWAR

RE WALTER CRAMB DEWAR

Applicant did not demonstrate cause for removal of his name from the jurors list; however the court has power under s.28 to grant temporary exemptions beyond trials presided over by the sitting judge, and accordingly a temporary exemption was ordered until 1 July 1988.

Citation
RE WALTER CRAMB DEWAR
Parties
Applicant: Walter Cramb Dewar; Amicus Curiae: Mr. P. Dinan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 1987
Case Number
HCMP928/1987
Procedural Posture
Application Under Section 28 of the Jury Ordinance (cap. 3) / Hearing in Open Court and Judgment on Application for Removal/exemption
Outcome
Application for permanent removal refused; temporary exemption granted.
Legal Topics
Exemption From Jury Service, Removal From Juror List, Section 28(1) Jury Ordinance
Source Language
EN
Jury Law Statutory Interpretation Civil Procedure Exemption From Jury Service Removal From Juror List Section 28(1) Jury Ordinance

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Parties

Walter Cramb Dewar

Applicant

Mr. P. Dinan

Amicus Curiae

Procedural Posture

Application Under Section 28 of the Jury Ordinance (cap. 3) / Hearing in Open Court and Judgment on Application for Removal/exemption

Legal Issues

  1. 1 Whether s.28(1) permits removal of a juror's name from the jurors list on the facts
  2. 2 Whether a judge's power to exempt a juror is limited to trials over which he is presiding
  3. 3 Whether the applicant has shown cause for permanent removal from the juror list

Ratio Decidendi

Applicant did not demonstrate cause for removal of his name from the jurors list; however the court has power under s.28 to grant temporary exemptions beyond trials presided over by the sitting judge, and accordingly a temporary exemption was ordered until 1 July 1988.

Court Disposition

Application for permanent removal refused; temporary exemption granted.

Orders

  • Applicant exempted from serving as a juror at any trial commencing before 1 July 1988.