Article 25 of the Basic law declares that "All Hong Kong residents shall be equal before the law" . However, in Hong Kong courtroom proceedings, in my opinion do not ensure a level playing field. The reason being in Hong Kong has established a well-organized legal system procedure. Level playing field refers to the fairness and justice in the process of reaching conclusion of a trial. However, there are some factors that may affect the fairness and justice such as the professionalism of jury, the misleading in the adversary system and the language barrier. In this essay, I am going to suggest some advantages and limitations of the courtroom proceedings to show how these factors may affect the fairness of a decision. .
Jury.
One major factor ensuring a level playing field is the responsibility of the jury. The jury consists of seven people randomly selected from different areas of the community. Jury is a representation of the public, and its role is to analyse the facts of the case objectively as a reasonable person, and to decide as a group whether the defendant is liable for his conduct . The Jury's main role is to assist the judge to reach a conclusion and they are not responsible for the decision as to the sentence . There are certain requirements to qualify as a Juror in Hong Kong. For example, Juror must be between the age of 21 and 65, do not have mental disabilities, must have sufficient knowledge of the language used in courtroom proceedings that is Chinese and English, and they must not have any knowledge of the law . Also, if the jury does not have the majority of the votes, the jury will be dismissed and new jury will be appointed. In a group of a diverse background and knowledge, the judge can make a decent judgment based on the jury's opinion and this ensures a justifiable result. .
However, It is not that ideal in reality. People are emotional and sometimes they may not see the issues objectively as different people have different values and beliefs.