Haw. Rev. Stat. § 83
That the laws of Hawaii relative to the judicial department, including civil and criminal procedure, except as amended by this Act, are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic of Hawaii which require juries to be composed of aliens or foreigners only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a citizen of the United States and twenty-one years of age and who cannot understandingly speak, read, and write the English language shall be a qualified juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal case except by unanimous verdict of the jury. No plaintiff or defendant in any suit or proceeding in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. Until otherwise provided by the legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand jurors shall be prescribed by the supreme court of the Territory of Hawaii. The several circuit courts may subpoena witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts.
HRS § 83
See 35 H. for rules prescribed under this § for presentation of cases to grand juries. On juries between annexation and establishment of territorial government, see note to Joint Resolution of Annexation RLH 1955, page 13. See 21 H. 548, as to nonliability of circuit judge in damages for official acts in excess, but not in clear absence, of jurisdiction under this section. A single circuit judge cannot require an oath of secrecy by a witness before a grand jury: 17 H. 341; nor can a circuit judge require proposed witnesses to give recognizances, or commit them to jail without giving them an opportunity to do so, to appear and testify, when the accused has not been committed or is not held to await the action of the grand jury and no indictment is under consideration by the grand jury: 20 H. 453. This § did not repeal so much of the Hawaiian laws relating to the drawing of juries as to leave the rest inoperative: 15 H. 602. Objections to manner of drawing grand juries, waived, unless presented at first opportunity: 13 H. 413; 15 H. 613; 15 H. 141. Accused has no right to appear before grand jury or have witnesses for him heard by it: 15 Hawai'i. 613. The right, if any, to assistance of counsel at impanelment of grand jury is waived, if not claimed, though accused is in prison: 15 Hawai'i. 613. Disqualifications of grand jurors (e.g., noncitizenship) do not destroy the jurisdiction of the court or make the indictment void, and cannot sustain a collateral attack by habeas corpus: 211 U.S. 148.
Verdicts must be unanimous under this act, but unanimity may be waived in civil cases: 13 Hawai'i. 705; petty offenses may be tried by magistrate without a jury notwithstanding a demand for trial by jury: 27 Hawai'i. 844; see also 20 H. 614, 23 H. 91, and 23 H. 766, as well as the next two cases cited herein; a misdemeanor punishable by imprisonment for a year, is not an infamous offense and does not require an indictment, and in such case trial by jury, while required if demanded, may be waived: 17 H. 432, 439; and a case of conspiracy may be tried by consent by eleven jurors: 20 H. 74, 95; and trial by jury may be waived in civil cases: 15 H. 59. Waiver of jury in felony case: 33 Hawai'i. 113. Trial of suit for over $20 may be before district magistrate first, if jury is provided for on appeal: 14 H. 290; but an issuance of execution in such case by the magistrate pending appeal would be unconstitutional: 14 H. 524; although a requirement of a bond for the payment of the judgment as a condition of appeal would be constitutional: 15 Hawai'i. 590. This § does not make applicable to the federal court a territorial statute making successive disagreements of two juries operate as an acquittal: 4 U.S.D.C. Haw. 466. Referred to in 23 Ops. 543; 13 Hawai'i. 481, 556; 16 Hawai'i. 245, 253, 266, 747; 18 Hawai'i. 539, 645; 20 H. 243, 256; 21 H. 539; 187 U.S. 309; 190 U.S. 211; 217 U.S. 244; 1 U.S.D.C. Haw. 43.