4. Majority verdicts
In accordance with section 24 of the Jury Ordinance (Cap. 3), after reasonable consultation, the verdict of a majority must be reached by the jurors so as to determine whether an accused is guilty of the offences charged.
If it appears to the court that no unanimous or majority verdict could be reached, the court shall discharge that jury and order a retrial by empanelling a new jury, according to section 27 of the Jury Ordinance (Cap. 3).
a) Jury of 7 persons
Where a jury of 7 persons has been sworn, the verdict of a majority consisting of not less than 5 of them will be taken to be the verdict of the jury. For example, a majority of (i) 7 - 0; (ii) 6 - 1; or (iii) 5 - 2 will suffice.
Where the number of jurors has been reduced to 6, the verdict of a majority consisting of not less than 5 of them will be taken to be the verdict of the jury. For example, a majority of (i) 6 - 0; or (ii) 5 - 1 will suffice.
Where the number of jurors has been reduced to 5, the jury must be unanimous in their verdict.
b) Jury of 9 persons
Where a jury of 9 persons has been sworn, the verdict of a majority consisting of not less than 7 of them will be taken to be the verdict of the jury. For example, a majority of (i) 9 - 0; (ii) 8 - 1; or (iii) 7 - 2 will suffice.
Where the number of jurors has been reduced to 8, the verdict of a majority consisting of not less than 6 of them will be taken to be the verdict of the jury. For example, a majority of (i) 8 - 0; (ii) 7 – 1; or (iii) 6 - 2 will suffice.
Where the number of jurors has been reduced to 7, the verdict of a majority consisting of not less than 5 of them will be taken to be the verdict of the jury. For example, a majority of (i) 7 - 0; (ii) 6 - 1; or (iii) 5 - 2 will suffice.
Where the number of jurors has been reduced to 6, the verdict of a majority consisting of not less than 5 of them will be taken to be the verdict of the jury. For example, a majority of (i) 6 - 0; or (ii) 5 - 1 will suffice.
Where the number of jurors has been reduced to 5, the jury must be unanimous in their verdict.