CRIMINAL EVIDENCE ORDINANCE, 1906

CRIMINAL EVIDENCE ORDINANCE, 1906

No. 11 of 1906, repealed by No. 5 Of 1924.
No. 12 of 1906, incorporated in No. 3 f 1888, repealed
by No. 25 of 1930.

No. 13 of 1906, repealed by No. 8 of 1912.

No. 14 of 1906.

An Ordinance to amend the law of evidence in criminal
cases.
[12th October, 1906.]

1. This Ordinance may be cited as the Criminal Evidence
Ordinance, 1906.

2. Every person charged with an offence, and the wife or
husband as the case rnay be of the person so charged, shall
be a competent witness for the defence at every stage of the
proceedings, whether the person so charged is charged solely or
jointly with any other personProvided as follows-

(a) a person so charged shall not be called as a witness in
pursuance of this Ordinance except upon his own application;

(b) the failure of any person charged with an offence, or of
the wife or husband as the case may be of the person so charged,
to give evidence shall not be made the subject of any comment
by the prosecution

(c) the wife or husband of the person charged shall not, save
as in this Ordinance mentioned, be called as a witness in
pursuance of this Ordinance except upon the application of the
person so charged;

(d) nothing in this Ordinance shall make a husband com-
pellable to disclose any communication made to him by his wife
during the marriage, or a wife compellable to disclose any
communication made to her by her husband during the marriage;

(e) a person charged and being a witness in pursuance of
this Ordinance may be asked any question in cross-examination
notwithstanding that it would tend to criminate him as to the
offence charged;





(f) a person charged and cal.led as a witness in pursuance of
this Ordinance shall not be asked, and if asked shall not be
required to answer, any question tending to show that he has
committed or been convicted of or been charged with any offence
other than that wherewith he is then charged, or is, of bad
character, unless-

(i) the proof that he has committed,or been convicted of such
other offence is admissible evidence to show that he is guilty of
the offence wherewith he is then charged; or

(ii) he has personally or by his advocate asked questions of
the witnesses for the prosecution with a view to establish his own
good character, or has given evidence of his good character, or
the nature or conduct of the defence is such as to involve im-
putations on the character of the prosecutor or the Witnesses for
the prosecution; or

(iii) he has given evidence against.any other person charged
With the same offence;

(g) every person called as a witness in pursuance of this
Ordinance shall, unless otherwise ordered by the court, give his
evidence from the witness, box or other place from which the
other witnesses give their evidence.

3. Where the only witness to the facts of the case called by
the defence is the person charged, he shall be called as a witness
immediately after the close of the evidence for the prosecution.

4. In cases where the right of reply depends upon the
question whether evidence has been called for the defence, the
fact that the person charged has been called as a witness shall not
of itself confer on the prosecution the right of reply.

5.-(1) The wife or husband of a person charged with an
offence under any enactment mentioned in the Schedule may be
called as a witness either for the prosecution or defence and
without the consent of the person charged.

(2) Nothing in this Ordinance shall affect a case where the
wife or husband of a person charged with an offence may at
common law be called as a witness without the consent of that
person.





6. This Ordinance shall apply to all criminal proceedings,
notwithstanding any enactment in force at the commencement of
this Ordinance.

SCHEDULE.

Enactments referred to in s. 5 (1).



No. 15 of 1906, repealed by No. 23 of 1909.
No. 16 of 1906, incorporated in No. 10 of 1899.

No. 17 of 1906, disallowed.

1907.

No. 1 of 1907, incorporated in No. 2 of 1897.
No. 2 of 1907, repealed by Law Revision Ordinance,
1939.

* As amended by Law Rev. Ord., 1939.
[Originally No. 14 of 1906. Law Rev. Ord., 1939.] Short title. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. Right of reply. 61 & 62 Vict. C. 36, s. 3. Calling of wife or husband in certain cases. 61 & 62 Vict. C. 36, s. 4. Schedule. Application of Ordinance. 61 & 62 Vict. C. 36, s. 6. [cf. 8 Edw. 7, c. 67, s. 27 & 1st Sch., and 4 & 5 Geo. 5 c. 58, s. 28 (3).]

[Originally No. 14 of 1906. Law Rev. Ord., 1939.] Short title. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. Right of reply. 61 & 62 Vict. C. 36, s. 3. Calling of wife or husband in certain cases. 61 & 62 Vict. C. 36, s. 4. Schedule. Application of Ordinance. 61 & 62 Vict. C. 36, s. 6. [cf. 8 Edw. 7, c. 67, s. 27 & 1st Sch., and 4 & 5 Geo. 5 c. 58, s. 28 (3).]

https://oelawhk.lib.hku.hk/items/show/1494

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