Juror Competency Hong Kong: Reflections on the Criminal Justice System

Author: Kelly Leung, Trainee Solicitor

The issue of Juror Competency in Hong Kong raises important questions about fairness, understanding, and decision‑making within the criminal justice system. In complex criminal trials, the ability of jurors to fully engage with legal arguments, evidence, and procedures plays a critical role in ensuring just outcomes.

In this candid article, I revisit my involvement in a criminal case, which recently reached a pivotal point with a retrial. More can be read about my experiences at the very start of the trial in my earlier article on our website. Rather than delving into the intricacies of the trial process, I aim to offer a personal perspective on my experience in criminal law, reflecting particularly on the jury participating in this case.

Questionable Charges of Robbery

The trial centered around our client who was charged with robbery, accused of being the mastermind behind the crime. However, it became apparent that our client was not present at the crime scene, and the evidence against him was questionable at best. The only two pieces of evidence against our client were:

1. his fingerprints found on the knives which were used to commit the robbery (note: this was a joint robbery where the others involved were convicted earlier. One of which was our client’s flatmate who obtained the knives from our client’s flat to commit the robbery); and

2. a highly unreliable witness who admitted to lying during testimony.

Despite the lack of strong and credible evidence, the jury ultimately returned a guilty verdict, albeit without unanimous agreement.

A Tragic Turn of Events

Once the verdict was set out, we prepared for the Sentencing and Mitigation hearing the following week; but a shocking and devastating turn of events came to pass. A fax from a hospital, in the form of a memo from the court clerk, reached our legal team, informing us that our client had passed away just a few hours before the scheduled hearing. He had taken his own life in his prison cell, seemingly unable to bear the thought of remaining incarcerated for another moment, particularly when he continued to maintain his innocence.

Contemplating the Jury System

This experience led me to reflect on the extent to which jurors comprehend and engage with the entire court proceedings. Specifically, I questioned the efficacy of conducting court proceedings in English, particularly for jurors who may not have a strong command of the language. Jurors are randomly selected through a lottery system, and it is not uncommon for individuals to express reservations about their English proficiency when summoned. However, the benchmark for competency in an English court is often set at a level equivalent to obtaining a high school diploma in Hong Kong.

The Consequences of Incomplete Understanding

Considering such language proficiency limitations, jurors may only grasp parts of the arguments and evidence presented by the defense and prosecution. Moreover, it is not uncommon for counsel to use analogies and metaphors to present arguments. Such use of language adds to the challenges faced by jurors whose English is limited, potentially affecting their ability to fully understand the nuances of the proceedings.

These limitations raise concerns about whether jurors can sufficiently comprehend complex cases and make informed decisions. The question arises as to whether it is appropriate for the outcome of a case to depend on jurors who may not fully understand the evidence and arguments presented. Such disparity may impact perceptions of fairness and the administration of justice.

Language is only Part of Juror Competency

The issue of juror competency requires broader consideration. While language ability is an important factor, other elements such as legal literacy and the ability to understand complex evidence also play a role. Balancing the importance of a representative jury with the need for clear understanding remains a key challenge.

To enhance fairness and effectiveness, there may be scope to develop clearer guidelines and evaluation criteria for juror competency beyond language proficiency alone. At present, such developments remain limited.

How I Look Back on This Trial

The retrial experience and the outcome of the case have had a lasting impact on my perspective of the criminal justice system. The issue of juror competency, particularly in cases conducted in English, warrants careful consideration.

As efforts continue to improve the legal system, it may be appropriate to revisit the framework for juror selection, with the aim of ensuring that jurors are able to fully understand proceedings. While change may be gradual, ongoing reflection remains important in supporting fairness, transparency, and the proper administration of justice.

How Ravenscroft & Schmierer Can Help?

Ravenscroft & Schmierer advises individuals and businesses on matters relating to the criminal justice system in Hong Kong, including procedural considerations and litigation strategy.

The firm provides guidance on complex cases involving evidential issues, trial processes, and court proceedings. Those seeking further information on criminal law matters may contact us.

FAQ: Juror Competency Hong Kong

What is juror competency in Hong Kong?

Juror competency refers to a juror’s ability to understand court proceedings, including evidence, legal arguments, and instructions provided during a trial.

How are jurors selected in Hong Kong?

Jurors are selected randomly, typically through a lottery system, from eligible members of the public.

Does language proficiency affect juror competency?

Language proficiency can affect how well a juror understands proceedings, particularly in trials conducted in English.

Why is juror understanding important in criminal cases?

Juror understanding is essential to ensuring that verdicts are based on a proper assessment of the evidence and legal arguments presented.

Are there concerns about juror competency?

There are ongoing discussions about whether jurors always have the necessary skills and understanding to fully engage with complex legal cases.

How can Ravenscroft & Schmierer assist in criminal law matters?

Ravenscroft & Schmierer works with clients facing criminal proceedings by providing clear guidance, strategic representation, and practical support throughout the legal process.

Why work with Ravenscroft & Schmierer on criminal cases?

Criminal cases require careful handling and a clear understanding of both legal and procedural issues. Ravenscroft & Schmierer draws on experience in complex cases to support clients effectively and ensure their position is properly presented before the courts.

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Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.

For specific advice about your situation, please contact:

Kelly Leung 

Trainee Solicitor

+852 2388 3899

kleung@rs-lawyers.com.hk