PERJURY ORDINANCE, 1922

PERJURY ORDINANCE, 1922

No. 21 of 1922.
An Ordinance to consolidate and simplify the laic relating
to perjury and kindred offences.

[29th September, 1922.]

1. This Ordinance may be cited as the Perjury Ordinance,
1922.

2. In this Ordinance, oath an d affidavit include,
in the case of persons allowed or required by law to affirm
instead of swearing, affirmation , and swear in the
like case includes affirm .

3.-(1) If any person lawfully sworn as a witness, or
sworn as an interpreter, either generally or in a particular
judicial proceeding, wilfully makes a statement in any
jadicial proceeding, which is material in that proceeding,
and which he knows to be false or does not believe to be
true, he shall be guilty of perjury, and shall, on conviction
thereof on indictment, be liable to imprisonment for any
term not exceeding seven years and to a fine.

As amended by Law Rev. Ord., 1921.





(2) Judicial proceeding includes a proceeding before
any court, tribunal, or person having by law power to hear,
receive, and examine evidence on oath.

(3) Where a statement made for the purposes of a judicial
proceeding is not made before the tribunal itself, but is
made on oath before a person authorised by law to ad-
minister an oath to the. person who makes the statement,
and to record or authenticate the statement, it shall, for the
purposes of this section, be treated as having been made in
a judicial proceeding.

(4) A statement made by a person lawfully sworn in
Hongkong for the purposes of a judicial proceeding-

(a) in another part of His Majesty's dominions, or

(b) in a British tribunal lawfully constituted in any place
by sea or land outside His Majesty's dominions, or

(c) in a tribunal of any foreign state,
shall, for the purposes of this section, be treated as a state-
ment made in a judicial proceeding in Hongkong.

(5) The question whether a statement on which perjury
is assigned was material is a quesilon of law to be deter-
inined by the court of trial.

4. If any person being required or authorised by law to
make any statement on oath for any purpose, and being
lawfully sworn (otherwise than in a judicial proceeding)
wilfully makes a statement which is material for that purpose
and which he knows to be false or does not, believe to be
true, he shall be guilty of a misdemeanor, and, on conviction
thereof on indictment, shall be liable to imprisonment for
any term not exceeding seven years and to a fine.

5. Every person who-

(1) for the purpose of procuring a marriage, or a certif-
icate or licence for marriage, knowingly and wilfully makes
a false oath, or makes or signs a false declaration, notice or
certificate required under any enactment for the time being
in force relating to marriage; or

As amended by Law Rev. Ord., 192X.





(2) knowingly and wilfully makes, or knowingly and wil-
fully causes to be made, for the purpose of being inserted
in any register of marriage, a false statement as to any
particular required by law to be known and registered
relating to any marriage ; or

(3) forbids the issue of any certificate or licence for
marriage by falsely representing himself to be a person whose
consent to the marriage is required by law knowing such
representation to be false,

shall be guilty of a misdemeanor, and, on conviction thereof
on indictment, shall be liable to imprisonment for any term
not exceeding seven years and to a fine.

6.-(1) Every person who-

(a) wilfully makes any false answer to any question put to
him by any registrar of births or deaths relating to the
Particulars required to be registered concerning any birth
or death, or wilfully gives to any such registrar any false
information concerning any birth or death or the cause of
any death; or

(b) wilfully makes any false certificate or declaration
under or for the purposes of any enactment relating to the
registration of births or deaths, or, knowing any such certif-
icate or declaration to be false, uses the same as true or
gives or sends the same as true to any person; or

(c) wilfully makes, gives or uses any false statement or
declaration as to a child born alive as having been still-born,
or as to the body of a deceased person or a still-born child
in any coffin, or falsely pretends that any child born alive
was still-born ; or

(d) makes any false statement with intent to have the
same inserted in any register of births or deaths,

shall be guilty of a misdemeanor and shall be liable-

(i) on conviction thereof on indictment, 'to imprisonment
for any term not exceeding seven years and to a fine, and

(ii) on summary conviction thereof, to a fine not exceed-
ing two hundred and fifty dollars.

As amended by Law Rev. Ord., 1924.





(2) A prosecution on indictment for an offence against
this section shall not be commenced more than three years
after the commission of the offence.

7. Every person who knowingly and wilfully makes
(otherwise than on oath) a statement false in a material
particular, such statement being made-

(1) in a statutory declaration, or

(2) in an abstract, account, balance sheet, book, certif-
icate, declaration, entry, estimate, inventory, notice, report,
return, or other document which he is authorised or
required to make, attest, or verify, by any enactment for
the time being in force, or

(3) in any oral declaration or oral answer which he is
required to make by, under, or in pursuance of any enact-
ment for the time being in force,

shall be guilty of a misdemeanor and shall be liable od
conviction thereof on indictment to imprisonment for any
term not exceeding two years and to a fine.

8. Every person who-

(1) procures or attempts to procure himself to be register-
ed on any register or roll kept under or in pursuance of any
enactment for the time being in force of persons qualified
by law to practise any vocation or calling; or

(2) procures or attempts to procure a certificate of the
registration of any person on any such register or roll as
aforesaid,
by wilfully making or producing or causing to be made
or produced either verbally or in writing, any declaration,
certificate, or representation which he knows to be false or
fraudulent, shall be guilty of a misdemeanor and shall be
liable on conviction thereof on indictment to imprisonment
for any term not exceeding twelve months and to a fine.

9.-(1) Every person who aids, abets, counsels, procures,
or suborns another person to commit an offence against this
Ordinance shall be liable to be proceeded against, indicted,
tried and punished as if he were a principal offender.

As amended by Law Rev. Ord., 1924.





(2) Every person who incites or attempt's to procure or
suborn another person to commit an offence against this
Ordinance shall be guilty of a misdemeanor.

10. Where two or rnore contradictory statements of fact
or alleged fact, material to the issue or matter in question,
have been wilfully made on oath by one and the same
witness in any judicial proceeding or proceedings, whether
before the same court or tribunal or person or not, and
whether the respective truth or falsehood of the said
statements can be ascertained or not, an indictment may be
preferred against him, charging him with having wilfully
made the said contradictory statements, and, on conviction
thereof, either in whole or in part, such witness shall be
liable to imprisonment for any term not exceeding seven
years and to a fine.

11. Every person who wilfully uses for any purpose any
affidavit which he knows to be false Qr does not believe to
be true, wherever such affidavit may have been sworn, shall
be guilty of a misdemeanor, and, on conviction thereof on
indictment, shall be liable to imprisonment for any term not
exceeding seven years and to a fine.

12.-(.1) Where any judge or magistrate is of opimon
that any person has, in the course of a proceeding before
him, been guilty of perjury, he may order the prosecution
of that person for such perjury, in case there shall appear
to be reasonable cause for such prosecution, and may
commit him, or admit him to bail, to take his trial at the
proper court, and may require any person to enter into
a recognizance to prosecute or give evidence against
the person whose prosecution is so ordered, and may
give the person so bound to prosecute a certificate of the
making of the order for the prosecution, for which certificate
no charge, shall be made.

(2) An order made or a certificate given under this section
shall not be given in evidence for the purpose or in the
course of- any trial of a prosecution resulting therefrom.

13.-(1) In an indictment-

(a) for making any false statement or false representation
punishable under this Ordinance; or

As amended by Law rev. Ord., 1924.





(b) for unlawfully,wilfully, falsely, fraudulently, deceitfully,

maliciously, or corruptly taking, making, signing, or sub-
scribing any oath, affirmation, solemn declaration, statutory
declaration, affidavit, deposition, notice, certificate, or other
writing; or

(c) for wilfully making contradictory statements on oath
in a judicial proceeding or proceedings; or

(d) for wilfully using a false affidavit

it is sufficient to set forth the substance of the offence charged,
and before which court or person (if any) the offence was
committed without setting forth the proceedings or any part
of the proceedings in the course of which the offence was
committed, and without setting forth the authority of any
court or person before whom the offence was committed.

(2) In an indictment for aiding, abetting, counselling,
procuring, or suborning any other person to commit any
offence hereinbefore in. this section mentioned, or for conspir-
ing with any other person, or with inciting or attempting
to procure or suborn any other person, to commit any such
offence, it is sufficient-

(a) where such offence has been committed, to allege that
offence, and then to allege that the defendant procured the
commission of that offence; and

(b) where such offence has not been committed, to set forth
the substance of the offence charged against the defendant
without setting forth any matter or thing which it is
unnecessary to aver in the case of an indictment for a false
statement or false representation punishable under this
Ordinance.

14. A person shall not be liable to be convicted of any
offence against this Ordinance, or of any offence declared by
any other enactment to be perjury or subornation of perjury,
or to be punishable as perjury or subornation of perjury,
solely upon the evidence of one witness as to the falsity of
any statement alleged to be false.

15. On a prosecution-

(1) for perjury alleged to have been committed on the
trial of an indictment for felony or misdemeanor ; or

(2) for procuring or suborning the commission of perjury
on any such trial,

the fact of the former trial shall be sufficiently proved by the
production of a certificate containing the substance and effect,
(omitting the formal parts) of the indictment and trial, pur-
porting to be signed by the Registrar or other person having
the custody of the records of the court where the indictment
was tried, or by the deputy of that Registrar or other person,
without proof of the signature,, or official character of- the
Registrar or person appearing to have, signed the certificate.

16. For the purposes of this Ordinance, the forms and
ceremonies used in administering an oath are immaterial, if
the court or person before whom the oath is taken. has power
to administer on oath for the purpose of verifying the state-
ment in question, and if the oath has been administered
in a form and with ceremonies which the person taking
the oath has accepted without objection, or has declared
to be binding on him.

17.-(1) Where the making of a false statement is not
only an offence under this Ordinance, but also by virtue of
sorne other enactment is a corrupt practice or subjects the
offender to any forfeltilre or disqualification or to any penalty
other than imprisonment, or fine, the liability of the offender
under this Ordinance shall be in addition to and not in
substitution for his liability mider such other enactment.

(2) Where the making of a false statement is made punish-

, by any otber enactment, whether passed before or after
the coitimencement of this Ordinance, proceedings may be
taken either under such other enactment or under this
Ordinance.
[s. 18 and Schedule, rep. Law Pevision Ordinance,
1924.]
[Originally No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 & 2 Geo. 5, c. 6, s. 15(2). Perjury. 1 & 2 Geo. 5, c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1 & 2 Geo. 5, c. 6, s. 2. False statements, etc., with reference to marriage. 1 & 2 Geo. 5, c. 6, s. 3. False statements, etc., as to births or deaths. 1 & 2 Geo. 5, c. 6, s. 4. False statutory declarations and other false statements without oath. 1 & 2 Geo. 5, c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1 & 2 Geo. 5, c. 6, s. 6. Aiders, abettors, suborners, etc. 1 & 2 Geo. 5, c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1 & 2 Geo. 5, c. 6, s. 9. Form of indictment. 1 & 2 Geo. 5, c. 6, s. 12. Corroboration. 1 & 2 Geo. 5, c. 6, s. 13. Proof of certain proceedings on which perjury is assigned. 1 & 2 Geo. 5, c. 6, s. 14. Form of oath. 1 & 2 Geo. 5, c. 6, s. 15. Savings. 1 & 2 Geo. 5, c. 6, s. 16.

[Originally No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 1 & 2 Geo. 5, c. 6, s. 15(2). Perjury. 1 & 2 Geo. 5, c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1 & 2 Geo. 5, c. 6, s. 2. False statements, etc., with reference to marriage. 1 & 2 Geo. 5, c. 6, s. 3. False statements, etc., as to births or deaths. 1 & 2 Geo. 5, c. 6, s. 4. False statutory declarations and other false statements without oath. 1 & 2 Geo. 5, c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1 & 2 Geo. 5, c. 6, s. 6. Aiders, abettors, suborners, etc. 1 & 2 Geo. 5, c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1 & 2 Geo. 5, c. 6, s. 9. Form of indictment. 1 & 2 Geo. 5, c. 6, s. 12. Corroboration. 1 & 2 Geo. 5, c. 6, s. 13. Proof of certain proceedings on which perjury is assigned. 1 & 2 Geo. 5, c. 6, s. 14. Form of oath. 1 & 2 Geo. 5, c. 6, s. 15. Savings. 1 & 2 Geo. 5, c. 6, s. 16.

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