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Debate on extending right to trial by jury reignited

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A review of the jury system in Hong Kong has reignited the debate about whether a defendant's right to be tried by his or her peers should be extended to the District Court.

The Director of Administration is conducting a review into whether the requirement of a Form 7 education level for jurors should be relaxed to expand the pool of candidates.

The right to trial by jury is only available to defendants in the High Court and above in Hong Kong. The District Court can impose sentences of up to seven years' imprisonment and has a civil jurisdiction to hear monetary claims up to $600,000.

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Legco's panel on administration of justice and legal services this month is due to consider increasing the jurisdictional limit of the District Court to $1 million.

The review of juror eligibility could increase the pool of jurors considerably, and has prompted renewed calls for the government to consider extending the right to jury trials to the District Court, an issue that was first raised in the 1980s, but shelved.

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Senior barrister and former vice-chairman of the Bar Association, Michael Lunn SC, said the Bar had long been a supporter of extension of jury trials, rather than limiting the right.

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