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Law
Hong KongLaw and Crime
Legal Tales
Martin Hui

Overseeing jury trials – the demanding job of a High Court judge

A complex and lengthy criminal trial, often conducted under the glare of public scrutiny, is perhaps the greatest test of a judge’s mettle

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In the jury trial system, the age-old adage is that the jury decides the facts, while the judge decides the law. Photo: Sam Tsang
Martin Hui SC is the current vice-chairman of the Hong Kong Bar Association, a former deputy director of public prosecutions of Hong Kong and a criminal litigator.

Jury trials are a rarity among the world’s legal traditions, but a fundamental bedrock of the common law system.

The jury’s role as the decider of a defendant’s guilt makes them the natural centrepiece of a criminal trial, but an often overlooked part of the process is the role of the trial judge.

The judge does not sit in the back seat while waiting for the jury to deliver its verdict; rather, the judge acts as a conductor of an orchestra, ensuring that each party plays their proper role and that the case can be tried smoothly.

This is no easy task, especially when complex criminal cases can easily last for many weeks, and involve difficult points of fact and law.

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