EVIDENCE ORDINANCE, 1889

EVIDENCE ORDINANCE, 1889

No. 2 of 1889.
An Ordinance to consolidate the law of evidence.

[18th January, 1889.]

1. This Ordinance may be cited as the Evidence Ordinance,
1889.

As amended by No. 22 of 1974 [24.8.34].






2. In this Ordinance,

(a) ' Bank ' means any corporation, company, or society
established by chatter or tinder or by virtue of any Act of
Parliament or Ordinance, lawfully carrying on the business of
bankers, or any foreign banking company carrying on business
in this Colony and recognized as such for the purposes of this
Ordinance by an order of the Goverhor in Council published
in the Gazette.

(b) ' Banker's book ' includes any ledger, day book, cash
book, account book, or any other book used in the ordinary
business of the bank.

(c) 'The court ' includes the Chief justice and any other
judge, also every magistrate, justice, officer of any court,
commissioner, arbitrator, or other person having, by law or
by consent of parties, authority to hear, receive, and examine
evidence with respect to or concerning any action, suit, or other
proceeding civil or criminal, or with respect to any matter
submitted to arbitration or ordered to be inquired into or
investigated under any commission.

PART I.

ADMISSIBLE WITNESSES AND EVIDENCE.

3. The following persons only shall be incompetent to give
evidence in any proceedings:-

(i) children under seven years of age, unless they appear
capable of receiving just impressions of the facts respecting
which they are examined and of relating them truly; and

(2) persons of unsound mind, who, at the time of their
examination, appear incapable of receiving just impressions of
the facts respecting which they are examined or of relating thern
truly; and no person who is known to be of unsound mind
shall be liable to be summoned as a witness without the consent
previously obtained of the court or person before whom his
attendance is required.

For orders under this paragraph see G.N, 717 of 18.12.25, G.Ns. 493
and 494 of 7.9.28, G.N. 942 of 14.12.34, G.N. 5 of 4.1.35, and G.N.
441 of 15.5.36.





3A. Where, in any proceeding against any person for an
offence, any child of tender years who is tendered as a witness~
does not in the opinion of the court understand the nature of
an oath, the evidence of that child may be received, though not
given upon oath, if, in the opinion of the court, the child is
possessed of sufficient intelligence to justify the reception of
the evidence, and understands the duty of speaking the truth;
and the provisions of section 29 Of this Ordinance shall extend
to the evidence of the child, though not given on oath, but
otherwise taken and reduced into writing in accordance with the
provisions of section 75 of the Magistrates Ordinance, 1932:

Provided that-

(a) no person shall be liable to be ' convicted of the offence
unless the testimony admitted by virtue of this section and
given on behalf of the prosecution is corroborated by some
other material evidence in support thereof implicating the
accused; and

(b) any child, whose evidence is received as 'aforesaid and
who wilfully gives false evidence tinder such circumstances that,
if the evidence had been given on oath, he would have been
guilty of perjury, shall, subject to the provisions of the juvenile
Offenders Ordinance, 1932, be liable on summary conviction
to such punishment as might have been awarded had he been
charged with perjury and the case been dealt with summarily
under section 8 of that Ordinance.

4. In all proceedings before the court, the parties and the
husbands and wives of the parties thereto, and the persons in
whose behalf any proceedings may be brought, or instituted,
or opposed, or defended, and the husbands and wives of such
persons shall, except as hereinafter excepted, be competent and
compellable to give evidence, either vi-jd voce or by deposition,
according to the practice of the court, on behalf of either or
any of the parties to the proceedings.

5. Nothing in this Ordinance shall render any husband
competent or compellable togive evidence for or against his wife,
or an), wife competent or compellable to give evidence for or
against her husband, in any criminal proceedings.

As amended by No. 33 of 1934 (19.10,341.
t As amended by Law Rev. Ord., 1937.
But see No. 14 of 19% [Criminal Evidence], as. 2, 5.





6. In no proceedings shall a husband be compellable to
disclose any communication made to him by his wife during the
marriage nor shall a wife be compellable to disclose any com-
munication made to her by her husband during the marriage.

7. No person offered as a witness in any proceedings shall
be excluded by reason of incapacity from crime or interest from
giving evidence, either in person or by deposition, according
to the practice of the court, on the trial or hearing of any
proceedings or at any stage thereof.

8. Nothing in this Ordinance shall render any person who
in any criminal proceedings is charged with an indictable offence
or any offence punishable on summary conviction compellable
to give evidence for or against himself, or shall render any
person in any proceedings compellable to answer any question
tending to criminate himself.

9. In any proceedings instituted in consequence of adultery,
the parties to such proceedings and the husbands and wives
of such parties shall be competent to give evidence in relation
thereto: Provided that no such witness, whether a party to
the proceedings or not, shall be liable to be asked or bound
to answer any question tending to show that he or she has
been guilty of ndultery, unless such witness has already given
evidence in the same proceedings in disproof of his or her
alleged adultery.

10. The parties to any action for breach of promise of
marr. age shall be competent to give evidence in such action:
Provided always that no plaintiff in any action for breach of
promise of marriage shall recover a verdict unless his or her
testimony is corroborated by some other material evidence in
support of such promise.

11. A party producing a witness in any proceedings shall
not be allowed to impeach his credit bY general evidence of
bad character, but he may, in case the witness, in the opinion
of the court, proves adverse, contradict him by other evidence
or, by leave of the court, prove that he has made at other
times a statement inconsistent with his present testimony, but,
before such last-mentioned proof can be given, the circumstances
of the supposed statement, sufficient to designate the particular





occasion, must be mentioned to the witness,. and he must be
asked whether or not he has made such statement.

12. If a witness in any proceedings, on cross-exam i nation
as to a former statement made by him relative to the subject-
matter of the proceedings and inconsistent with his present
testimony, does not distinctly admit that lie has niade such
statement, proof may be given that he did in fact make it.; but,
before siiAch proof can be given, the circumstances of the supposed
statement, sufficient to designate the particular occasion, must
be mentioned to the witness, and lie must be asked whether or
not he has made such statement.

13. A witness in -any proceedings may he cross-examined
as to previous statements made by him in writing or reduced
into writing relative to the subject-matter of the proceedings,
without such writing being shown to him; but if it is intended
to contradict such witness by the writing, his attention must,
before such contradictory proof can be given, be called to those
parts of the writing which are to be used for the purpose
of so contradicting him : Provided always that it shall be
competent for the court, at any time during the trial or hearing
of the proceedings, to require, the production of the writing for
its inspection, and the court may thereupon make such. use of it
for the purposes of the trial or hearing as it may think fit. ,

14. A witness in any proceedings may be questioned as to
whether he has been convicted of any felony or misdemeanor,
and, on being so questioned, if he either denies or does not
admit the fact or refuses to answer, it shall be lawful for the
cross-examining or opposite party to prove such conviction,
and in such case, and also whenever it may be necessary to
prove the trial and conviction or acquittal of any person charged
with an indictable offence, a certificate, record, or extract of
the conviction containing the substance and effect only (omitting*
the formal part) of the conviction for such offence, purporting
to be signed by the clerk of the court or other officer having
the custody of the records of the court where the offender was
convicted, or acquitted, or bv the deputy of such clerk or
officer, shall, on proof of the identity of the person, be sufficient
evidence of such conviction or acquittal, without proof of the

But ace No, 14 of 1-006 [Criminal Evidence], s. 2





signature or official character of the person appearing to have
signed the same.

15. It shall not be necessary in any proc eedings te prove
by the attesting witness any instrument to the validity of which
attestation is not requisite; and such instrument may be proved
by admission or otherwise as if there bad been no attesting
witness thereto.

16, Comparison of a disputed writing with any writing
proved to the satisfaction of the court to be genuine shall be
permitted to be made by witnesses in any proceedings, and
such writings, and the evidence of witnesses respecting the
same, may be submitted to the court and to the jury, if any,
as evidence of the genuineness or otherwise of the writing in.
dispute.

PART II.

ADMISSSIBLE DOCUMENTS.

17. Whenever any book or other document is of such a
public nature as to he admissible in evidence on its mere
production from the proper custody, and no enactment exists
which renders its contents provable by means of a copy, any,
copy thereof or extract therefrom shall be admissible in evidence
in the court, provided it is proved to he an examined copy or
extract or provided it purports to he signed and certified as a
true copy or extract by the officer to whose custody the original
is entrusted, and which officer is hereby required to furnish
such certified copy or extract to any person applying at a
reasonable time for the same, on payment of a reasonable sum
for the same, not exceeding twenty-five cents for every folio
of ninety words.

18. Whenever, by ariv enactment. any certificate, official or
public document, or proceeding of any corporation or joint-
stock or other company, or ariv certified copy of any document,
by-law, entry in any register or other book, or of any other
proceeding is receivable in evidence of any particular in the
court or before the Legislative Council or any committee
thereof, the same shall respectively he admitted in evidence,
Provided they respectively Purport to be scaled or inipressed





with a stamp, or sealed and signed, or signed alone, as required,
or impressed with a 'stamp and signed, as directed by the
enactment, without any proof of the seal or stamp where a seal
or stamp is necessary, or of the signature or of the official
character of the person appearing to have signed the same, and
without any further proof thereof, in every case in which the
original record could have been received in evidence.

19. Every oath, affidavit, and notarial act, administered,
sworn, or done, under or in accordance with the provisions of
section 6 of the Commissioners for Oaths Act, 1889, as amended
by section 2 of the Commissioners for Oaths Act, iSgi, shall
be as eflectual as if duly administered, sworn, or done by or
before any lawful authority in the Colony.

20. Subject to the provisions of this section, a copy of an
entry in a banker's book shall in all proceedings be received
as privid facie evidence of such entry and of the matters,
transactions, and accounts therein recorded: Provided-

(i) that such book was, at the time of ma king the entry,
one of the ordinary books of the bank, and the entry was made
in the usual and ordinary course of business, and the book is in
the custody or control of the bank ; such proof may be given by
a partner or officer of the bank orally or by an affidavit sworn
before any person authorized to take affidavits;

(2) also, that it is proved, orally or by affidavit s~yorn as
aforesaid, by some person who has examined the copy with the
ori ginal entry, that the copy has been examined with the original
entry and is correct.; and

(3) further, that a banker or officer of a bank shall not, in
any proceedings to which the bank is not party, be compelled
to produce any banker's book the contents of which can be
proved under this Ordinance, or to appear as a witness to prove
the matters, transactions, or accounts therein recorded, except
by order of a judge made for special cause.

21.-(1) On the application of any party to any proceedings,
the court or a judge may order that such party be at liberty





to inspect and. take copies of any entries in a banker's book
for any of the purposes of such proceedings.

(2) An order under this section may be made either with
or without summoning the bank or any other party, and shall
be served on the bank three clear days before the same is to
be obeyed, unless the court or judge otherwise directs.

(3) The costs of any application to the court or judge under
or for the purposes of this section, and the costs of anything
done or to be done under an order of the court or judge made
under or for the purposes of this section, shall be in the
discretion of the court or judge, who may order the same or
any part thereof to be paid to any party by the bank, where
the same have been occasioned by default or delay on the part
of the bank.

(4) Any such order against a bank may be enforced as if
the bank were a party to the proceeding.

22. General holidays, within the meaning of the Holidays
Ordinance, 1912, shall be excluded from the computation of
time under sections 2o and 21.

23. All proclarnat ions,. treaties, and other acts of state of
any foreign state or of any British possession, and all
judgments, decrees, orders, and other judicial proceedings of
any court of justice or an), consulate in any foreign state or
in any British possession, and. all affidavits, pleadings, and
other legal documents filed or deposited in any such court or
consulate may be proved in the courts of this Colony either
by examined copies or by copies authenticated as hereinafter
mentioned: that is to say, if the document sought to be proved
is a proclamation, treaty or other act of state, the authenticated
copy to be admissible in evidence must purport to be sealed
with the seal of the foreign state or British possession to which
the original document belongs, and if the document sought to

For proof of proclamations, orders or regulations issued by His Majesty,
or by the Privy Council, ace 31 & 32 Vict. c. 37., which applies
to this Colony.





be proved is a judgment, decree, order, or other judicial pro-
ceeding of any court of justice or any consulate it! any foreign
state or in any British possession, or an affidavit, pleading,
or other legal document filed or deposited in any such court
or consulate, the authenticated copy to be admissible in 6ridence
must purport either to be scaled with the seal of such court
or consulate, or, in the event of such court having no seal,
to be signed by the judge or, if there are more judges than
one, by any one of the judges of such court, and such judge
shall attach to his signature a statement in writing on the said
copy that the court of justice whereof lie is a judge has no
seal ; but if any of the aforesaid authenticated copie~: puTport
to be sealed or signed as hereinbefore respectively directed, the
same shall respectively be admitted in evidence in every case
in which the original document could have been received in
evidence, without any proof of the seal, where a seal is
necessary, or of the signature, or of the truth of the statement
attached thereto, where such signature and statement are neces-
sary, or of the judicial character of the person appearing to have
made such signature and statement.

23A.-(i) Copies of Acts, Ordinances and statutes passed
by the legislature of any British possession, and of orders,
regulations, and other instruments issued or made under the
authority of any such Act, Ordinance, or statute, if purporting
to be printed by the Government printer, shall be received in
evidence by all courts in this Colony without any proof being
given that the copies were so printed.

(2) Every person who prints any copy or pretended copy
of any such Act, Ordinance, statute, order, regulation, or
instrument which falsely purports to have been printed by the
Government printer, or tenders in evidence any such copy or
pretended copy which falsely purports to have been so printed
knowing that it was not so printed, shall be liable to imprison-
ment for any term not exceeding twelve months.

(3) In this s ection, ' Government printer ' means, as re-
spects any British possession, the printer purporting to be the
printer authorized to print the Acts, Ordinances, or statutes of
the legislature of that possession, or otherwise to be the
Government printer of that possession.

As amended by Law Rev. Ord., 1937.





(4) The Governor in Council may by order extend this
section to any British protectorate, and when so extended
this section shall. apply as if the protectorate were a British
possession, ' and with such other necessary adaptations as rnay
be made by the order.

24.-(1) All answers to interrogatories, disclaimers, ex-
aminations, affidavits, and attestations of honour, and all other
documents required to be sworn in causes or matters depending
in the Supreme Court, and also acknowledgments required for
the purpose of enrolling any deed in the said court, shall and
may be sworn and taken in England, Scotland, or Ireland, or
the Channel Islands, or in any other colony or place under the
dominion of His 1Majesty before any court, judge, notary
public, or person lawfully authorized to administer oaths in
such country, colony, or place respectively, or before any of
His Majesty's consular officers in any place out of His 1Majesty's
dominions.

(2) The. judges and officers of the Supreme Court shall
take judicial notice of the seal or signature, as the case may be,
of any such court, judge, notary public, person, or consular
officer attached, appended, or subscribed to any such document
as aforesaid.

25.-(1) Any document purporting to have affixed, impress-
ed, or subscribed thereon or thereto the seal and signature of
any British ambassador, envoy, minister, charg6 d'affaires,
secretary of embassy or of legation, or consular officer in
testimony of any such oath, affidavit, or act having- been
administered, sworn, had, or done by or before him under
the Acts rnpritioned in section ig shall be admitted in evidence
without proof of any such seal and signature or of the official
character of such person.

(2) 111 this section, 'consular officer- includes every consul-
general, consul, vice-consul, pro-consul,' consular agent, acting
consul-general, acting consul, acting vice-consul, and acting
consular agent.





26. In civil proceedings-

(i) entries in books of account kept in the course of business,
with such a reasonable degree of regularity as may be satis-
factory to the court, shall be admissible in evidence, whenever
they refer to a matter into which the court has occasion to
inquire, but shall not alone be sufficient evidence to charge any
person with liability;

(2) the Hong Kong Government Gazette and any Govern-
ment Gazette of any British possession may be proved by the
production thereof ;

(3) all proclamations, acts of state, whether legislative or
executive, nominations, appointments, and other official com-
munications of the Government appearing in any such Gazette
may be proved by its production ;

(4) the Court mct)', on matters of public history, literature,
science, or art, refer, for the purposes of evidence, to such
published books, maps, or charts as the court may consider
to be of authority on the subject to which they relate;

(5)-(a) books printed or published under the authority of
the Government of a foreign country, and purporting to contain
the statutes, code, or other written law of such country, and
also printed and published books of reports of decisions of
the courts of such country, and. books proved to be commonly
admitted in such courts as evidence of the law of such
country, shall be admissible as evidence of the law of such
foreign country; and

(b) maps made under the authority of any Government or
of any public municipal body, and not made for the purpose
of any litigated question,

shall prirna^ facie be deemed to be correct, and shall be admitted
in evidence without further proof.

27. All documents 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 documents, shall be admissible in evidence in*

As amended by Law Rev. Ord., 1937.
For proof of the London Gazette, the Edinburgh Gazette and the Dublin
Gazette, see 32 & 33 Vict. c. 37, which applies to this Colony.





the courts of this Colony on being proved in, like manner as
any documents filed or recorded in any foreign court are
provable 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 held authentic and effectual for all purposes of
evidence as the same would be held in such foreign court or
consulate.

28. All courts, judges, magistrates, justices of the peace,
officers of the courts, commissioners acting judicially, and other
judicial officers shall take Judicial notice of the signature of
the judges, provided such signature is attached or appended to
any judgment decree, order, certificate, or other judicial or
official document.

PART III.

DEPOSITIONS.

29. Whenever it is proved by the oath of any credible
witness, or in any other manner whatsoever it appears, to the
satisfaction of the Supreme Court, that the Attorney General,
or other person conducting a prosecution on behalf of the
Crown, is una ' ble to produce at the trial any person as a witness,
in consequence of the death of such person, or of his absence
from the Colony, or of lhe impracticability of serving process
on him, or of his being so ill as not to be able to travel, or
of his being insane, or of his being kept out of the way by
means of the procurement of the person accused, or of his being
resident in a country the laws of which prohibit his absenting
himself therefrom, or which he refuses to quit after application
Made to him in that behalf or because he cannot be found at
his last-known place of residence in the Colony; and if it also
appears from the certificate of the magistrate or other officer
hereinafter mentioned that such person was examined before
a Magistrate, or other officer to whom the cognizance of the
offence appertained, and that the usual oath was administered
to him prior to his examination,, and that the examination was
taken in the presence of the person accused, and that he, or
his counsel or solicitor, had a full opportunity of cross-
examining such person, and that the evidence so taken was
reduced into writing and read over to and signed by him and





also by the magistrate or other officer as aforesaid, so much of the
evidence as would have been admissible, if the said person had been
Produced and examined before the said court in the ordinary manner,
shall be read and received in evidence.

30. The production from the custody of the proper officer of the
certificate referred to in section 29 shall be sufficient proof of the
signature of such magistrate or other officer aforesaid, unless it is
proved that such examination was not taken in manner aforesaid or
was not in fact signed by the person examined or by the magistrate
or officer aforesaid purporting to sign the same.

31. No objection to the reception in evidence of the examination
of any person shall be permitted to prevail on the ground that the
particular examination of such person was not signed by the
magistrate or other officer as aforesaid, if it appears, in man.ner
aforesaid, that the depositions wherein such examination was
included were so signed.

32.-(1) Whereas it may happen that a person, who is
dangerously ill, and unable to travel, may be able to give material and
important information relating to an indictable offence or to a person
accused thereof, and it is desirable, in the interests of truth and
Justice, that means should be provided for perpetuating such
testimony and for rendering the same available in cases of necessity :

Whenever it is trade to appear, to the satisfaction of any
magistrate or justice of the peace, that any person who is dangerously
ill and unable to travel, -is able and willing to give material information
relating to an indictable offence or to a persorin accused thereof., it
shall be lawful for the said Plagistrate or any Justice of the peace to
take in writing his statement upon oath, and such magistrate or justice
shall thereupon subscribe the same, and shall add thereto by way of
caption a statement of his reason for taking the same, and of the day
and place when and where the same was taken, and of the names of
the persons, if any, assisting at the taking thereof, and, if tile same
relates to any offence for which any accused person is already
committed or bailed to appear for trial, shall transmit the same with
the said addition to the

As aniended by Law Rev. Ord., 1937.





Registrar of the Supreme Court, and in all other. cases to the
magistrates' clerk, who are respectively required to preserve the
same and file it for record; and if afterwards, on the trial of
any offender or offence to which the same may relate, the person
who made the said statement is proved to be dead, or if it is proved
that there is no reasonable probability that such person will be
able to attend and give evidence at the trial, it shall be lawful
to read such statement in evidence either for or against the
person accused, without further proof thereof, if the same
purports to be signed by the magistrate or justice by or before
whom it purports to be taken, and provided it is proved, to the
satisfactien of the court, that reasonable notice of the intention
to take such statenient has been given to the person (whether
prosecutor, or person accused) against whom it is proposed to
be read in evidence, and that such person, or his counsel or
solic'tor, had or might have had, if he had chosen to be present,
full opportunity of cross-examining the person who made the
same.

(2) No such statement shall be rejected on the ground of
any, failure to comply with an), of the provisions of sub-section
(i) with regard to the notice or the caption unless the court is
of opinion that the person accused was substantially, prejudiced
by such failure.

[s.33, rep. Law Revision Ordinance, 1937.]

[ss.34 and 35, rep. No. 8 of 1912 ; ss. 36 and 37, rep.
No. 43 of 1912.]

PART IV.

COMMISSIONS TO TAKE EVIDENCE.

38-(1) Where, on an application for this purpose, it is
made to appear to the court or judge that any of His Majesty's
courts or tribunals of competent jurisdiction outside the Colony,
has duly authorized, by commission, order, or other process,
the obtaining the testimony in or in relation to any civil
proceedings pending in or before such court or tribunal of any
witness out of the jurisdiction of such court or tribunal and
within the jurisdiction of the Supreme Court, it shall be lawful
for the court or judge to order the examination before the





person appointed, and in manner and form directed by such
commission, order, or other process as aforesaid, of such
witness accordingly, so far as not repugnant to the laws and
practice of the Colony.

(2) It shall be lawful for the court or judge, by the same
or any subsequent order, to command the attendance of any
person to be named in such order for the purpose of being
examined or of producing any writings or other documents to
be mentioned in such order, and to give all such directions
as to the time, place, and manner of such examination and all
other matters connected therewith as may appear reasonable
and just.

(3) Any such order may be enforced, and any disobedience
thereof punished, in like manner as in case of an order made by
the court or judge in any action or other proceeding.

39.-(1) Where, on an application by summons for this
purpose, it is made to appear to the court or judge that any
court or tribunal of competent jurisdiction in a foreign 'country,
before which any civil or commercial or criminal proceedings
are pending, is desirous of obtaining the testimony in relation
to such proceedings of any witness within the jurisdiction of
the Supreme Court, it shall be lawful for the court or judge
to order the examination upon oath, upon interrogatories, or
otherwise, before any person named in such order, of such
witness accordingly.

(2) It shall be lawful for the court or judge by the same
or any subsequent order to command the attendance of any
person to be named in such order for the purpose of being
examined or of producing any writings or other docunients to
be mentioned in such order and to give all such directions
as to the time, place, and manner of such examination and
all other matters connected therewith as may appear reasonable
and just.

(3) Any such order may be enforced in like manner as an
order made by the court or judge in any action or other
proceeding.

40. A certificate under the hand of the ambassador, minister
or other diplomatic agent of any foreign power, received as





such by His Majesty, or in case there be no such diplomatic
agent, then of the consul-general or consul of a * ny such foreign
power at London, received and admitted as such by His
Majesty, or of the con-sul-general, consul, or vice-consul, of any
such foreign power in the Colony, received and admitted as
such, that any matter in relation to which an application is
made under this Ordinance is a civil, or commercial, or criminal
matter pending before a court or tribunal in the country of
which lie is the diplomatic agent or consul having jurisdiction
in the matter so pending, and that such court or tribunal is
desirous of obtaining the testimony of the witness to whom the
application relates, sliall be evidence of the matters so certified;
but where no such certificate is produced, other evidence to that
effect shall be admissible.

41. When, under any such commission, order, or other
process as is mentioned in section 38, or under any order made
under section 39, any witness is to be examined, such witness
shall be examined upon oath, affirmation and declaration, or
declaration alone or otherwise according to the law and practice
of the Colony: Provided always-

(i) that every person whose. attendance is required under
any such commission, order, or other process shall be entitled
to the like conduct money and payment of expenses and loss
of time as on attendance at the trial ot hearing of any action
or other proceeding before the Supreme Court;

(2) that every, person examined under any such commission,
order, or other process shall have the like right to refuse to
answer questions tending to criminate himself and all such other
questions to which lie would be entitled to object in similar
proceedings before the Supreme Court ; and

(3) that no person shall be compelled to produce, under
any such order as aforesaid, any writing or other document
that he would not be compellable to produce at the trial or the
hearing of any action or other proceeding before the Supreme
Court.

PART V.

OATHS, AFFIR7IIIATIONS, ETC.

42. The court is hereby empowered to administer an oath





to all such persons as are legally called or appear voluntarily
before it.

43.-(1) Any oath may be administered and taken in the
form and manner following:-

The person taking the oath shall hold the New Testament,
or, in the case of a Jew, the Old Testament, in his uplifted
hand, and shall say or repeat after the officer administering the
oath the words ' 1 swear by Almighty God that
followed by the words of the oath prescribed by law.

(2) The officer shall, unless the person about to take the
oath voluntarily objects thereto, or is physically incapable of so
taking the oath, administer the oath in the form and manner
aforesaid without question:

Provided that, in the case of a person who is neither a
Christian nor a Jew, the oath may be administered in ariv
manner which is now lawful.

. (3) In this section 'officer' includes every person authorized
to administer oaths.

44. If any person to whom an oath is administered desires
to swear with uplifted hand, in the form and manner in which
an oath is usually administered in Scotland, lie. shall be per-
mitted so to do, and the oath shall he administered to him in such
form and manner without further question.

45. Where an oath has been duly administered and taken,
the fact that the person to whom the same was administered
had, at the time of taking such oath, no religious belief, shall
not for any purpose affect the validity of such oath.

46.-(1) Every person upon objecting to being sworn, and
stating, as the ground of such objection, either that lie has no
religious belief, or that the taking of an oath is contrary to his
religious belief, shall be permitted to make his solemn affirmation
instead of taking an oath in all places and for all purposes where
an oath is or shall be required by law.





(2) Every person who is neither a Christian nor a Jew shall
be permitted to make his solemn affirmation instead of taking
an oath in all places and for all purposes where an oath is or
shall be required by law.

(3) Every such affirmation shall be as follows:-

---1, A.B., do solemnly, sincerely, and truly declare and affirm,'

and then proceed with the words of the oath prescribed by law,
omitting any words of imprecation or calling to witness.

(4) Every affirmation in writing shall commence
' of , do solemnly and sincerely
affirm,' and the form in lieu of jurat shall be ' Affirmed at
, this day of
Before me.'

(5) Every affirmation shall be of the same force and efFect
as an oath in the usual form.

47. If any person taking an oath or making an affirmation
is ignorant of the English language the oath or affirmation
shall be interpreted to him by a sworn interpreter.

PART VI.

MISCELLANEOUS.

48. Whenever any forged document has been admitted in
evidence by virtue of this Ordinance, the court or the person
who has admitted the same, may, at. the request of any party
against whom the same is so admitted in evidence, direct that
the same shall be impounded and be kept in the custody of
such officer of the court of other proper person, for such period,
and subject to such conditions as to the court or person may
seem meet.

49. In any prosecution for murder or manslaughter any
medical notes or report by any Government medical officer
which purport to relate to the deceased shall be admissible in
evidence upon proof of the handwriting of such Government
medical officer, and upon proof of his death or absence from
the Col(ny.
50. On the hearing of any indictable offence it shall be the
duty of the magistrate to take down in the minute of proceedings
any material statement or observation made, and any evidence
given, by the accused in the course of the proceedings, and,
without prejudice to any other method of proof, any such
statement or observation or evidence so taken down shall be
admissible in evidence against the accused on his trial upon
production of the minute of proceedings.

51.-(1) It shall be lawful for the Governor or any judge
on application by affidavit, to issue a warrant or order under
his hand for bringing up any prisoner or person confined in
prison under any sentence or under commitment for trial or
otherwise (except under process in any civil proceedings) before
any court, judge, magistrate, or other judicature to make his
defence or to be examined as a witness in any proceedings
depending or to be inquired of or determined in or before such
colirt, judge, magistrate, or judicature.

(2) Such prisoner or person shall be brou ght under the
same care and custody, and be dealt with in like manner in
all respects, as a prisoner required by ariv writ of habeas corpus
awarded by the Supreme Court to be brought before the said
court to be exaniined as a witness in any cause or matter depend-
ing before the said court is by law required to be dealt with.

52. Nothing in this Ordinance shall be construed to repeal
any provisions contained in the Wills Act, 1837.
[Originally No. 2 of 1889. No. 33 of 1934. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. No. 39 of 1932, s. 334(1).] 14 & 15 Vict. C. 99, s. 16. [cf. S. 42 post.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 8 Edw. 7, c. 67, s. 30. Ordinance No. 41 of 1932. Ordinance No. 1 of 1932. Evidence of parties. 14 & 15 Vict. C. 99, s. 2; 16 & 17 Vict. C. 83, s. 1. Evidence of husband and wife. 14 & 15 Vict. C. 99, s. 3; 16 & 17 Vict. c. 83, s. 2. Privilege of husband and wife. 16 & 17 Vict. C. 83, s. 3. No incapacity from crime or interest. 6 & 7 Vict. C. 85, s. 1. Exception as to defendant in criminal proceedings. 14 & 15 Vict. C. 99, s. 3. [cf. No. 14 of 1906.] Evidence of parties and their husbands and wives in proceedings for adultery. 32 & 33 Vict. c. 68, s. 3. Evidence of parties in action for breach of promise. 32 & 33 Vict. c. 68, s. 2. Discrediting a witness. 17 & 18 Vict. c. 125, s. 22; 28 & 29 Vict. c. 18, s. 3. Proof or contradictory statement of adverse witness. 28 & 29 Vict. C. 18, s. 4. Cross-examination as to previous statement in writing. 17 & 18 Vict. C. 125, s. 24; 28 & 29 Vict. C. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 14 & 15 Vict. c. 99, s. 13; 17 & 18 Vict. c. 125, s. 25; 28 & 29 Vict. c. 18, s. 6; 34 & 35 Vict. c. 112, s. 18. Attesting witness need not be called. 17 & 18 Vict. C. 125, s. 26; 28 & 29 Vict. C. 18, s. 7. Comparison of disputed with genuine writing. 17 & 18 Vict. C. 125, s. 27. Copy of document of public nature. 14 & 15 Vict. C. 99, s. 14. Official documents 8 & 9 Vict. c. 114, s. 1. Admissibility of notarial acts done before British diplomatic and consular officers. 52 Vict. C. 10, s. 6(1); 54 & 55 Vict. C. 50, s. 2. Copy of entry in banker's book. 42 & 43 Vict. C. 11, ss. 3-6. Court or judge may direct copies of entries in banker's book to be taken. 42 & 43 Vict. C. 11, ss. 7, 8. Certain days not to be counted. 42 & 43 Vict. C. 11, s. 11. Ordinance. No. 5 of 1912. Proof of foreign or colonial act of state, judgement, etc. 14 & 15 Vict. C. 99, s. 7. Proof of statutes of British possessions. 7 Edw. 7, c. 16, s. 1. Protectorates. Swearing of answer, etc., in Supreme Court in England, etc. 15 & 16 Vict. C. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 18 & 19 Vict. C. 42, s. 3. Definition of 'consular officer'. 52 Vict. c. 10, s. 6(1); 54 & 55 Vict. c. 50, s. 2. Proof of various matters in civil proceedings. [cf. No. 31 of 1911, s. 37.] Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 8 & 9 Vict. C. 113, s. 2. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 11 & 12 Vict. C. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill and not likely to recover, and to make it evidence in certain events. 30 & 31 Vict. c. 35, s. 6. Order for examination of witnesses in the Colony in relation to action pending before British court. 22 Vict. C. 20, s. 1. [cf. No. 3 of 1901, s. 326A.] Order for examination of witnesses in the Colony in relation to proceedings pending in foreign country. 19 & 20 Vict. C. 113, s. 1. [cf. No. 3 of 1901, s. 326A and 33 & 34 Vict. C. 52, s. 24.] Effect of certificate of ambassador, etc., as evidence in support of application. 19 & 20 Vict. C. 113, s. 2. [cf. No. 3 of 1901, s. 326A.] Examination of witness under ss. 38 & 39. 19 & 20 Vict. C. 113, ss. 3, 4, 5; 22 Vict. C. 20, ss. 3, 4. Administra- tion of oath by the court. 14 & 15 Vict. C. 99, s. 16. Normal manner of administration of oaths. 9 Edw. 7, c. 39, ss. 2, 3. Swearing with uplifted hand. 51 & 52 Vict. C. 46, s. 5. Validity of oath not affected by absence of religious belief. 51 & 52 Vict. c. 46, s. 3. Affirmation in lieu of oath. 51 & 52 Vict. c. 46, s. 1. 51 & 52 Vict. C. 46, s. 2. 51 & 52 Vict. C. 46, s. 4. Interpretation of oaths and affirmations. Impounding of forged document admitted in evidence. 8 & 9 Vict. C. 113, s. 4; 14 & 15 Vict. C. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial on production of the minute of proceedings. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict. C. 30, s. 9. Saving as to 7 Will. 4 & 1 Vict. c. 26.

[Originally No. 2 of 1889. No. 33 of 1934. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. No. 39 of 1932, s. 334(1).] 14 & 15 Vict. C. 99, s. 16. [cf. S. 42 post.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 8 Edw. 7, c. 67, s. 30. Ordinance No. 41 of 1932. Ordinance No. 1 of 1932. Evidence of parties. 14 & 15 Vict. C. 99, s. 2; 16 & 17 Vict. C. 83, s. 1. Evidence of husband and wife. 14 & 15 Vict. C. 99, s. 3; 16 & 17 Vict. c. 83, s. 2. Privilege of husband and wife. 16 & 17 Vict. C. 83, s. 3. No incapacity from crime or interest. 6 & 7 Vict. C. 85, s. 1. Exception as to defendant in criminal proceedings. 14 & 15 Vict. C. 99, s. 3. [cf. No. 14 of 1906.] Evidence of parties and their husbands and wives in proceedings for adultery. 32 & 33 Vict. c. 68, s. 3. Evidence of parties in action for breach of promise. 32 & 33 Vict. c. 68, s. 2. Discrediting a witness. 17 & 18 Vict. c. 125, s. 22; 28 & 29 Vict. c. 18, s. 3. Proof or contradictory statement of adverse witness. 28 & 29 Vict. C. 18, s. 4. Cross-examination as to previous statement in writing. 17 & 18 Vict. C. 125, s. 24; 28 & 29 Vict. C. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 14 & 15 Vict. c. 99, s. 13; 17 & 18 Vict. c. 125, s. 25; 28 & 29 Vict. c. 18, s. 6; 34 & 35 Vict. c. 112, s. 18. Attesting witness need not be called. 17 & 18 Vict. C. 125, s. 26; 28 & 29 Vict. C. 18, s. 7. Comparison of disputed with genuine writing. 17 & 18 Vict. C. 125, s. 27. Copy of document of public nature. 14 & 15 Vict. C. 99, s. 14. Official documents 8 & 9 Vict. c. 114, s. 1. Admissibility of notarial acts done before British diplomatic and consular officers. 52 Vict. C. 10, s. 6(1); 54 & 55 Vict. C. 50, s. 2. Copy of entry in banker's book. 42 & 43 Vict. C. 11, ss. 3-6. Court or judge may direct copies of entries in banker's book to be taken. 42 & 43 Vict. C. 11, ss. 7, 8. Certain days not to be counted. 42 & 43 Vict. C. 11, s. 11. Ordinance. No. 5 of 1912. Proof of foreign or colonial act of state, judgement, etc. 14 & 15 Vict. C. 99, s. 7. Proof of statutes of British possessions. 7 Edw. 7, c. 16, s. 1. Protectorates. Swearing of answer, etc., in Supreme Court in England, etc. 15 & 16 Vict. C. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 18 & 19 Vict. C. 42, s. 3. Definition of 'consular officer'. 52 Vict. c. 10, s. 6(1); 54 & 55 Vict. c. 50, s. 2. Proof of various matters in civil proceedings. [cf. No. 31 of 1911, s. 37.] Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 8 & 9 Vict. C. 113, s. 2. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 11 & 12 Vict. C. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill and not likely to recover, and to make it evidence in certain events. 30 & 31 Vict. c. 35, s. 6. Order for examination of witnesses in the Colony in relation to action pending before British court. 22 Vict. C. 20, s. 1. [cf. No. 3 of 1901, s. 326A.] Order for examination of witnesses in the Colony in relation to proceedings pending in foreign country. 19 & 20 Vict. C. 113, s. 1. [cf. No. 3 of 1901, s. 326A and 33 & 34 Vict. C. 52, s. 24.] Effect of certificate of ambassador, etc., as evidence in support of application. 19 & 20 Vict. C. 113, s. 2. [cf. No. 3 of 1901, s. 326A.] Examination of witness under ss. 38 & 39. 19 & 20 Vict. C. 113, ss. 3, 4, 5; 22 Vict. C. 20, ss. 3, 4. Administra- tion of oath by the court. 14 & 15 Vict. C. 99, s. 16. Normal manner of administration of oaths. 9 Edw. 7, c. 39, ss. 2, 3. Swearing with uplifted hand. 51 & 52 Vict. C. 46, s. 5. Validity of oath not affected by absence of religious belief. 51 & 52 Vict. c. 46, s. 3. Affirmation in lieu of oath. 51 & 52 Vict. c. 46, s. 1. 51 & 52 Vict. C. 46, s. 2. 51 & 52 Vict. C. 46, s. 4. Interpretation of oaths and affirmations. Impounding of forged document admitted in evidence. 8 & 9 Vict. C. 113, s. 4; 14 & 15 Vict. C. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial on production of the minute of proceedings. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict. C. 30, s. 9. Saving as to 7 Will. 4 & 1 Vict. c. 26.

https://oelawhk.lib.hku.hk/items/show/1431

1937

v1

8

No. 2 of 1889

19