'Discussions on jury system vital before potential improvements'

Eunice Lam

The jury system within the judicial framework is safeguarded by the Basic Law, but whether it should be improved requires serious consideration and discussion within society, said Secretary for Justice Paul Lam Ting-kwok.

Calls for either the abolition or enhancement of the jury system emerged after a nine-member jury found six of seven defendants not guilty in the city's first anti-terrorism trial in August.

Lam affirmed the need to maintain the jury system while acknowledging potential areas for "enhancements" in its execution.

"The jury system is fundamentally protected by the Basic Law and must be retained," Lam said.

"Is there room for optimization? What is the purpose of the optimization? It is to ensure fairness in the system."

Lam added there are currently no plans to alter the jury system, noting that any changes would depend on public opinion.

Under the existing rule against double jeopardy, the Department of Justice cannot appeal a jury's decision of acquittal to prevent defendants from being tried again for the same offense.

Currently, jurors are not required to provide reasons for their verdicts, which Lam described as a defining characteristic of the jury system.

However, he raised concerns, saying: "If the reasons for the jury's verdict are unknown, how can the judicial system operate effectively?"

He also acknowledged the possibility of judicial errors in guiding juries and called for a review of the appeal mechanism.

In addition, Lam announced that the government plans to introduce a pilot scheme for community mediation within the next year, as outlined in last month's policy address. The administration's ultimate goal is to implement mediation in all civil commercial cases.

He said that the government is considering regulating the qualifications of mediators.

"There are disputes that are closely tied to everyday life, such as water leakages or noise nuisances, which are more community-oriented and require mediation," he said.

"Resolving each of these cases in court would be time-consuming and could harm neighborly relations."

The Judiciary has established three mediation offices to handle disputes related to marriage, small claims, building management, and more. However, only about 1,700 people utilized these mediation services last year.

Lam said most users did not have legal representation, while those with lawyers often chose not to resolve disputes through mediation.

He added that established procedures and guidelines for mediation are in place, and authorities have formed an expert group and a task force to explore how to regulate mediators' qualifications.

Considerations include a licensing regime or a qualification mark mechanism to ensure mediators possess a certain level of competence and credibility.

A consultation is expected to follow after the group submits preliminary findings by early next year.

eunice.lam@singtaonewscorp.com