EVIDENCE -- TRIAL BY JURY ORDINANCE

EVIDENCE -- TRIAL BY JURY ORDINANCE

contradictory
statements by
the senne witness

Way be punished

It's perjury.

Extends 18 8; 19
vaet., c. 42, to
tt~13 (:along.

Ilepaxtttonx may
be rend at trtui
when the
Witness Is absent
or, too Ill to be
pradncad.

ORDINANCE No: 15 of 1856.

.widence-Trial by Jury.

No. 15 of 186.

An Ordinance for amending the Law of Evidence and Trial by Jury.
[22nd August, 1856.

BE it enacted and ordained by His Excellency the Governor of Hongkong, w
ith the*-
advice of the Legislative Council thereof, in manner following, that is
to say:-

1. So much of the Act 6£ Parliament passed in the eighteenth and
nineteenth.
years of Her present Majesty, chapter forty-two, relating to oaths
administered and
notarial acts done by Diplomatic and Consular agents, as is not now in
force within this.
Colony, shall, from and after the passing hereof, come into force within
the same.

2. All instruments whatsoever, legally and properly filed or recorded in
any
Foreign Court of Justice or Consulate according to the law and practice
of such Court,
or Consulate, and all copies of such instruments, shall be admissible in
evidence within
this Colony, upon being proved in like manger as documents filed or
recorded in any
Foreign Court are proveablo under this or any other Ordinance; and all
documents
whatsoever so filed or recorded in any Foreign Court or Consulate, and
all copies of-
such documents, shall, when so proved and admitted, be holden as
authentic and
effectual for all purposes of evidence as the same would be holden in
such Court or
Consulate.

$, Whenever it shall appear to the satisfaction of the Supreme Court, or
o£ tha-
Court of Petty Sessions, that the person conducting a criminal
prosecution on behalf
of the Crown is merely, by reason of the illness or absence from the
Colony of, or the-
impracticability of serving process on, a person whose deposition shall
have been duly
taken in the matter, before or on the committal of the prisoner to take
his trial upon
such prosecution, unable to produce the said person as a witness upon the
said trial,.
then and in such case the said deposition may be read at the said trial
as evidence
against the said prisoner, if the said Court shall thick fit.

Heathen 4. A heatlien'witness, in any Court or before any person empowered
to administer -
witnesses not to
he sworn but by an oath, shall not be sworn either before or upon giving
his testimony, unless the said'
order ofthe
canrt' Court or person shall think fit so to direct; in which case the
said witness shall be,
sworn according to his conscience. But every heathen witness shall,
before the taking-
of his said evidence, be by, or by the order of, the said Court or
person, duly warned.
to speak the truth, and informed of the penalties to which, in case he
shall not speak,
the truth he will become liable ; it being hereby declared and enacted,
that the penalties
of perjury shall be deemed and taken to apply to false testimony given by
any such
witness, whether sworn or unsworu, in any case where, if he had green the
same upon.
oath, he would by law have thereby become liable to the same.

~. Where two or more conflicting or contradictory statements of fact, or
alleged
fact, leave been wilfully and knowingly made by one and the same witness
before an'y
Court or person empowered as aforesaid, either at the same examination or
at two or-,
more examinations, and whether before the same Court or person, or before
any other
ORDINANCE No. 15 of 1856.

Evidence-T9ial by Jury.

Court or person, an indictment or information may be presented or
exhibited against
him, charging him with having, on the day or days' of his said
examination or examina-
tions, wilfully and knowingly made the said conflicting or contradictory
statements,
and setting forth the short material purport or effect thereof
respectively; and if such
witness shall be thereof convicted in whole or in part, he shall suffer
the penalties of
perjury.
6. If the Court before which the statements in section 5 mentioned; or
the last
of them, shall have been so made shall happen to be the Supreme Court, or
the Court
of Petty Sessions, such Court may, if it shall think fit, either direct a
prosecution of
the same for perjury, and commit the offender unless he shall give bail
for trial at the
next sessions of the Court so committing, or treat the same as a contempt
of Court, and
forthwith proceed summarily to punish the same, either by fine not
exceeding for every
such offence two hundred dollars, or by imprisonment with or without bard
labour for
a term not exceeding for every such offence six calendar months, which
punishment
shall be in lieu of all other penalties hereby provided.

'l. In proceedings 'under sections 5 and 6 of this Ordinance, it shall
not be Not necessary in,
inch cases to
necessary to enquire, state, or prove the respective truth or falsehood
of any such ascertain the
truth of such
statements. statements.

$. The materiality of any false testimony to the issue or matter in
question shall
not be deemed essential in determining the character of the offence
thereby committed:;
and every person guilty of false testimony shall., without regard to the
materiality or
immateriality thereof to any such issue or matter, suffer the penalties
of perjury, if
theJury at his trial shall think fit to convict him of his said offence.

9. Matters of inducement, and averments, whether affirmative or negative,
shall shortening tile
form of indict.
no longer be introduced into indictments or informations for perjury,
false witness, or mentaand infor-
mation, for per-
false declaration; and it shall be sufficient to charge therein,
according to the facts, inry,&e.
that the defendant, on the day or days, falsely, knowingly, and wilfully
stated before
the Court or person empowered as aforesaid, the matters alleged to be
false, setting
forth the same shortly, and according to the substantial effect thereof.

10. Section 5 of Ordinance No. 4 of 1851 is hereby amended, by
substituting
the word ° February' for the word ° January' ;-Sections 6 and 7 of the
same
Ordinance are hereby revived and confirmed;-Section 2 of Ordinance No. 14
of 1856
is hereby amended by inserting the word ' First' before the word °
Schedule' ;-And
Ordinances No. 1 of 1851 and No. 4 of 1854 are hereby repealed.

Or (if before the,,
Supreme Court'
or Petty Sessions)
summarily,
unless they shall
direct a prosecu-
tion,

Materiality of
false testimony
not essential to
constitute the
offence of
perjury.

11. The word ° Witness' in this Ordinance shall extend to every person
whose
answer, deposition, affidavit, or other declaration upon oath, either
viva voce, in writing,
or upon record, may be taken or might have been taken but for this
Ordinance.

[Disallowance Proclaimed 23rd Map, 1857; repealed by Ordinance No. 4 of
1887.3

Ordinances No. 4
of 1851, (§§ 6, 6,
& 7,) and No. 14
of 1855, § 2,
amended and
confirmed; and
Ordinances No. 1
of 1851, and No.
4 of 1854
repealed.

Witness' de-
filled'
Extends 18 & 19 Vict., c.42, to this Colony.
Foreign instruments.
Depositions may be read at trial when the witness is absent or too ill to be produced.
Heathen witnesses not to be sworn but by order of the Court.
Contradictory statements by the same witness may be punished as perjury.
Or (if before the Supreme Court or Petty Sessions) summarily, unless they shall direct a prosecution.
Not necessary in such cases to ascertain the truth of such statements.
Materiality of false testimony not essential to constitute the offence of perjury.
Shortening the form of indictments and informations for perjury, &c.
Ordinances No.4 of 1851, (ss 5, 6, & 7,) and No. 14 of 1856, s 2, amended and confirmed; and Oridinances No. 1 of 1851, and No. 4 of 1854 repealed.
Witness' defined.

Extends 18 & 19 Vict., c.42, to this Colony.
Foreign instruments.
Depositions may be read at trial when the witness is absent or too ill to be produced.
Heathen witnesses not to be sworn but by order of the Court.
Contradictory statements by the same witness may be punished as perjury.
Or (if before the Supreme Court or Petty Sessions) summarily, unless they shall direct a prosecution.
Not necessary in such cases to ascertain the truth of such statements.
Materiality of false testimony not essential to constitute the offence of perjury.
Shortening the form of indictments and informations for perjury, &c.
Ordinances No.4 of 1851, (ss 5, 6, & 7,) and No. 14 of 1856, s 2, amended and confirmed; and Oridinances No. 1 of 1851, and No. 4 of 1854 repealed.
Witness' defined.

https://oelawhk.lib.hku.hk/items/show/106

1890

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No. 15 of 1856

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