It was the first day of a fraud trial in the Court of First Instance. There was anxiety in the courtroom, and it was not confined to the dock. The judge had just told the group of people assembled for jury selection that the hearing was scheduled to last more than a month, and several exchanged worried looks.
As the numbers were picked out of the selection box, the excuses started coming. Two of the potential jurors said they couldn't speak English well enough; one was too busy at work; and others had overseas trips booked.
It is a familiar scene, particularly when a trial is expected to be lengthy. 'A lot of people try to wrangle out of it,' said Mark Steel, a partner with Robertsons law firm. 'It gets very frustrating for the judge and everybody who's waiting around.'
One of the would-be jurors said he had no option but to make excuses. 'Paul' (he didn't want his full name to be disclosed) had been called before and was desperate to avoid serving. 'I just don't have the time,' he said. 'I'm a self-employed engineer. With my workload, there's no way I could do it.'
Trial by jury is seen as a key element of Hong Kong's legal system and few would dispute the fact that members of society have an obligation to serve as jurors. But despite efforts by the judiciary in recent years to minimise inconvenience, jury duty can still cause disruption to the lives of those selected. While some people may be happy to take a break from their normal routine, others worry about the possible implications of their absence from the workplace, as well as the effect on their bank balance.
Compounding the problem is the fact that only a small minority of the population can serve as jurors. In practice, only those who have completed Form Seven education are included on the jury list - at present, a mere 348,000 out of a population of more than 6.8 million.
