Most Hong Kong citizens are barred from jury service because of a century-old rule that requires a juror to have a level of English proficiency, despite the extensive use of Chinese in courts since the handover.
The government is now reviewing the rule. Legal experts and a lawmaker are urging that it should be changed to comply with the common-law principle that the accused should be tried by fellow members of the community.
The Jury Ordinance requires a juror to have education to Form 7 or above. A juror must also be aged between 21 and 65.
It means that only 316,812 or 4.4 per cent of Hong Kong's 6.8-million population are eligible. This compares to the United States, Britain and Canada where more than three quarters of citizens are potential jurors.
'Obviously, there is a problem,' said legislator and barrister Audrey Eu Yuet-mee.
'The rationale behind trial by jury is that an accused should be tried by his or her fellow peers. The composition of a jury should mirror that of society where every social class is represented.