DEPOSITIONS OF WITNESSES ORDINANCE
Title
DEPOSITIONS OF WITNESSES ORDINANCE
Description
''6,54
ORDINANCE No. s of 1864.
Depositions of Witnesses.
No. 6 of 1864.
utn. An Ordinance to render admissible in certain cases the Depositions of
Witnesses who cannot be produced at tile Trial, and to make
Provision fur the reception in Evidence of the Statements of the
accused.
Prontnhle.
.4U6iblr 4 of
. (.ir7inuuee No. 7
.of 1857 repealed.
Depositions of
persons wlio bare
abed or who sire
absent or who
from other
speelfied. Cause
.cannot be
produoed, as
nItnesshs in
any cltiittnul `
proseenilon,ntupr
in, c,ertftfo cusex,
what shall be
deemed prtmc2
June proof of
,=of
hawing Leon duly
taken.
[30HEREAS the circumstances of this Colony are such as to render it
necessary,
in order to prevent a failure of justice, that more effectual provision
should
be made for receiving in evidence in certain cases, the depositions of
witnesses whit-41
shall appear to the Court to have been duly taken, as also the statements
of the accused
Be' it therefore enacted by His Excellency the Governor of Houghong, with
the advice
o£ the Legislative Council thereof, as follows
1. Section 4 of Ordinance No. ? of 1857 shall be and the wane is hereby
repealed.
2. Whenever it shall be proved, by the oath of any credible witness, or
shall in
any other manner whatsoever, appear to the satisfaction of the Supreme
Court, that
the Attorney General, or other person conducting a criminal prosecution
on behalf of
the Crown, is unable to produce, at the trial of the accused, any person
as a witness,
in consequence of the loath of such person, or of his absence from the
Colony, or o£
the impracticability of serving process upon 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 accused, or of his being domiciled in a country, the
laws of which
prohibit his absenting himself therefrom, or which lie shall refuse to
quit after
application made to him in that behalf; and if it also appear that such
person was
examined before a Magistrate, or other officer of Her Majesty to whom the
cognizance
of the crime or offence appertained, and that the usual oath, affirmation
'or declaration
was administered: Repealed by Ordinance No. 9 of 1864 aged new words
substituted] to suck
person prior to his examination, and that the examination was taken in
the presence
of the accused, and that be or his counsel or attorney had a full
opportunity of
(,cross -egaminina such person, and that the egaA iiation of such person
was reduced
into writing and read over to and signed by the person examined, and also
by the
Magistrate or other officer of Her Majesty as aforesaid, and that such
examination
or a copy thereof is in the custody of the Suprerzle Court, it shall be
lawful for the
Supreme Court and it is hereby required to allow to be read and receired
in evidence,r
in such prosecution, so much of the examination a,, taJzen as aforesaid
as would have
bean admissible, according to the law and practicerof the Supreme Court,
had the said
person been produced and examined before the said' Court, in the ordinary
and
accustomed manner.
3. If Oe Attorney General, or other person conducting a criminal
prosecution,
on behalf of the Crown, shall, at the trial of any person accused, apply
to the Court
for leave to read as evidence, in such prosecution, the examination of
any person, and
it shell appear from the ReZgistrar or Deputy Registrar or other
competent officer of
ORDINANCE No. 6 of 1S6=I.
Depositions of 'Witnesses.
the said Court that the depositions; including 'the examination of such
person, or m
copy thereof are far the custody of the said Court, and if it shall
appear from the
perusal of such examination by the Presiding Judge that such examination
contains
any statement to the effect, or from which it matt' fairly and reasonably
1>e inferred, that
such person was examined before a Magistrate or other officer of Her
Majesty to wham
the cognizance of the crime or offence appertained, and that tire usual
oath, affirmation
Lor declarat-in:a -was adnxioaivtered: repealed by Orde>xaxzce No. 3 of
1804 anal 72eiv words
substit2tted] to such person, prior to his examination, and that the
examination was
taken in the presence of tire accused, and that he or his counsel or
attorney had a full
opportunity of cross-examining such person, and drat the examination of
such person
eras reduced into writing and read over to the person examined, then, if
such examination
purports to be signed by the person examined and by the Magistrate or
other officer
by or before whom the same purports to be taken, it shall be lawful to
read such
examination in evidence, without further proof of the matters in this
section aforesaid,
unless it be proved that such examination was not taken in manner
aforesaid, or was
not in fact signed by the person examined or by tire Magistrate or
officer aforesaid,
purporting to sign the same.
4. No objection to the reception in evidence of the examination of any
person
shall be permitted to prevail upon the ground that the particular
examination of such
person was not signed by the Magistrate or other officer o£ Her Majesty
as aforesaid,
if it shall appear, in manner aforesaid, that the depositions wherein
such examination
was included, were so signed.
5. If, after tire examination of all the witnesses on the part of the
prosecution
shall have been completed, before a Magistrate or other officer of Her
Majesty to whom
the cognizance of the crime ox offence appertained, any statement shall
have been made
1>y the accused before such Magistrate or officer of Her Majesty as
aforesaid, it shall
be lawful for the Supreme Court, and it is hereby required to allow such
statement to
be read and received in evidence in such prosecution upon the Presiding
Judge being
satisfied that the following conditions had been in each case complied
with:
(1.) That prior to such statement having been made the Magistrate, or
other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had read or caused to be read, or, where necessary, had
translated, or cause to be translated to the accused, tire depositions
' taken against him, 0
(2.) Thai prior to suc)r statement having been made the Magistrate, or
other
officer of Her Majesty to whom tire cognizance of the crime ox offence
appertained, had addressed to the accused these words or words to the
lime effect: 'Having heard the evidence, do you wish to say anything in,
answer to to the charge? You are not obliged to say anything unless
you desire to do so, but whatever you say will be taken down in writing
and may be given in evidence against you upon your trial.'
Nn rbjcrtion to
ndmieaibAlty of
examination !it
evidence If
aopkiactik~r .
rci~ nod Vy t7m
~giatrat~ Sc.; -
notrvithaGrnnin
particular
examination not .
so signed. .
If parry acc.naed
mnkensWtemont-
hofore Magia.-
trate, 3:s Rarnr -
',y Le rea<d iu
evidence if -
certnSn preUm- -
inurSee are com-
plied with.
No. 6 of 1864.
Depositions of Witnesses.
(3.) That prior to such statement having been made the Magistrate, or
other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had given the accused clearly to understand that he had
nothing to hope from any promise of favour, and nothing to fear from
any threat which might have been held out to him to induce him to
make any admission or confession of his guilt, but that wliatever he
then said might be given in evidence against him upon his trial
notwithstanding such promise or threat.
That what the prisoner answered thereto was taken down in writing and
read over to him.
(5.) That the said statement had been kept with, and at the time of the
application to receive the same in evidence was in the custody of the
Supreme Court in the same manner as, the depositions of the witnesses
which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or contained shall
prevent thi;
Attorney General, or other person conducting a criminal prosecution on
behalf of the
Crown from giving in evidence any admission or confession or other
statement of the
person accused, made at any time, which by law would be admissible as
evidence
against such person.
6. If the Attorney General, or other person conducting a criminal
prosecution,
on behalf of the Crown shall at the trial of any person accused apply to
the Court for
leave to read as evidence in such prosecution the statement of such
person, and it shall
appear from the Registrar or Deputy Registrar or other competent officer
of the said
Court that the depositions including the statement of such person or a
copy thereof are
in the custody of the said Cdurt, and if such statement shall appear to
have been duly
taken and in compliance with the conditions by the last section imposed,
then if such
statement purports to be signed by the Magistrate or other officer by or
before whom
the same purports to be taken, it shall be lawful to read such statement
in evidence
without further proof of the matters in the section last aforesaid,
unless it be proved
that such statement was not duly taken, or was not in fact signed by the
Magistrate or
officer aforesaid purporting to sign the same.
[A.ll repealed by Ordinance N0. 2 of 1880.]
Title.
Preamble.
Section 4 of Ordinance No. 7 of 1857 repealed.
Depositions of persons who have died or who are absent or who from other specified caise cannot be produced, as witnesses in any criminal prosecution, may in certain cases, be read in evidence.
What shall be deemed prima facie proof of examination having been duly taken.
No objection to admissibility of examination in evidence if depositions signed by the Magistrate, &c., notwithstanding particular examination not so signed.
If party accused make a statement before Magistrate, &c., same may be read in evidence if certiain preliminaries are complied with.
656
What shall be deemed a prima facie proof of statment having been duly taken, &c.
ORDINANCE No. s of 1864.
Depositions of Witnesses.
No. 6 of 1864.
utn. An Ordinance to render admissible in certain cases the Depositions of
Witnesses who cannot be produced at tile Trial, and to make
Provision fur the reception in Evidence of the Statements of the
accused.
Prontnhle.
.4U6iblr 4 of
. (.ir7inuuee No. 7
.of 1857 repealed.
Depositions of
persons wlio bare
abed or who sire
absent or who
from other
speelfied. Cause
.cannot be
produoed, as
nItnesshs in
any cltiittnul `
proseenilon,ntupr
in, c,ertftfo cusex,
what shall be
deemed prtmc2
June proof of
,=of
hawing Leon duly
taken.
[30HEREAS the circumstances of this Colony are such as to render it
necessary,
in order to prevent a failure of justice, that more effectual provision
should
be made for receiving in evidence in certain cases, the depositions of
witnesses whit-41
shall appear to the Court to have been duly taken, as also the statements
of the accused
Be' it therefore enacted by His Excellency the Governor of Houghong, with
the advice
o£ the Legislative Council thereof, as follows
1. Section 4 of Ordinance No. ? of 1857 shall be and the wane is hereby
repealed.
2. Whenever it shall be proved, by the oath of any credible witness, or
shall in
any other manner whatsoever, appear to the satisfaction of the Supreme
Court, that
the Attorney General, or other person conducting a criminal prosecution
on behalf of
the Crown, is unable to produce, at the trial of the accused, any person
as a witness,
in consequence of the loath of such person, or of his absence from the
Colony, or o£
the impracticability of serving process upon 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 accused, or of his being domiciled in a country, the
laws of which
prohibit his absenting himself therefrom, or which lie shall refuse to
quit after
application made to him in that behalf; and if it also appear that such
person was
examined before a Magistrate, or other officer of Her Majesty to whom the
cognizance
of the crime or offence appertained, and that the usual oath, affirmation
'or declaration
was administered: Repealed by Ordinance No. 9 of 1864 aged new words
substituted] to suck
person prior to his examination, and that the examination was taken in
the presence
of the accused, and that be or his counsel or attorney had a full
opportunity of
(,cross -egaminina such person, and that the egaA iiation of such person
was reduced
into writing and read over to and signed by the person examined, and also
by the
Magistrate or other officer of Her Majesty as aforesaid, and that such
examination
or a copy thereof is in the custody of the Suprerzle Court, it shall be
lawful for the
Supreme Court and it is hereby required to allow to be read and receired
in evidence,r
in such prosecution, so much of the examination a,, taJzen as aforesaid
as would have
bean admissible, according to the law and practicerof the Supreme Court,
had the said
person been produced and examined before the said' Court, in the ordinary
and
accustomed manner.
3. If Oe Attorney General, or other person conducting a criminal
prosecution,
on behalf of the Crown, shall, at the trial of any person accused, apply
to the Court
for leave to read as evidence, in such prosecution, the examination of
any person, and
it shell appear from the ReZgistrar or Deputy Registrar or other
competent officer of
ORDINANCE No. 6 of 1S6=I.
Depositions of 'Witnesses.
the said Court that the depositions; including 'the examination of such
person, or m
copy thereof are far the custody of the said Court, and if it shall
appear from the
perusal of such examination by the Presiding Judge that such examination
contains
any statement to the effect, or from which it matt' fairly and reasonably
1>e inferred, that
such person was examined before a Magistrate or other officer of Her
Majesty to wham
the cognizance of the crime or offence appertained, and that tire usual
oath, affirmation
Lor declarat-in:a -was adnxioaivtered: repealed by Orde>xaxzce No. 3 of
1804 anal 72eiv words
substit2tted] to such person, prior to his examination, and that the
examination was
taken in the presence of tire accused, and that he or his counsel or
attorney had a full
opportunity of cross-examining such person, and drat the examination of
such person
eras reduced into writing and read over to the person examined, then, if
such examination
purports to be signed by the person examined and by the Magistrate or
other officer
by or before whom the same purports to be taken, it shall be lawful to
read such
examination in evidence, without further proof of the matters in this
section aforesaid,
unless it be proved that such examination was not taken in manner
aforesaid, or was
not in fact signed by the person examined or by tire Magistrate or
officer aforesaid,
purporting to sign the same.
4. No objection to the reception in evidence of the examination of any
person
shall be permitted to prevail upon the ground that the particular
examination of such
person was not signed by the Magistrate or other officer o£ Her Majesty
as aforesaid,
if it shall appear, in manner aforesaid, that the depositions wherein
such examination
was included, were so signed.
5. If, after tire examination of all the witnesses on the part of the
prosecution
shall have been completed, before a Magistrate or other officer of Her
Majesty to whom
the cognizance of the crime ox offence appertained, any statement shall
have been made
1>y the accused before such Magistrate or officer of Her Majesty as
aforesaid, it shall
be lawful for the Supreme Court, and it is hereby required to allow such
statement to
be read and received in evidence in such prosecution upon the Presiding
Judge being
satisfied that the following conditions had been in each case complied
with:
(1.) That prior to such statement having been made the Magistrate, or
other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had read or caused to be read, or, where necessary, had
translated, or cause to be translated to the accused, tire depositions
' taken against him, 0
(2.) Thai prior to suc)r statement having been made the Magistrate, or
other
officer of Her Majesty to whom tire cognizance of the crime ox offence
appertained, had addressed to the accused these words or words to the
lime effect: 'Having heard the evidence, do you wish to say anything in,
answer to to the charge? You are not obliged to say anything unless
you desire to do so, but whatever you say will be taken down in writing
and may be given in evidence against you upon your trial.'
Nn rbjcrtion to
ndmieaibAlty of
examination !it
evidence If
aopkiactik~r .
rci~ nod Vy t7m
~giatrat~ Sc.; -
notrvithaGrnnin
particular
examination not .
so signed. .
If parry acc.naed
mnkensWtemont-
hofore Magia.-
trate, 3:s Rarnr -
',y Le rea<d iu
evidence if -
certnSn preUm- -
inurSee are com-
plied with.
No. 6 of 1864.
Depositions of Witnesses.
(3.) That prior to such statement having been made the Magistrate, or
other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had given the accused clearly to understand that he had
nothing to hope from any promise of favour, and nothing to fear from
any threat which might have been held out to him to induce him to
make any admission or confession of his guilt, but that wliatever he
then said might be given in evidence against him upon his trial
notwithstanding such promise or threat.
That what the prisoner answered thereto was taken down in writing and
read over to him.
(5.) That the said statement had been kept with, and at the time of the
application to receive the same in evidence was in the custody of the
Supreme Court in the same manner as, the depositions of the witnesses
which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or contained shall
prevent thi;
Attorney General, or other person conducting a criminal prosecution on
behalf of the
Crown from giving in evidence any admission or confession or other
statement of the
person accused, made at any time, which by law would be admissible as
evidence
against such person.
6. If the Attorney General, or other person conducting a criminal
prosecution,
on behalf of the Crown shall at the trial of any person accused apply to
the Court for
leave to read as evidence in such prosecution the statement of such
person, and it shall
appear from the Registrar or Deputy Registrar or other competent officer
of the said
Court that the depositions including the statement of such person or a
copy thereof are
in the custody of the said Cdurt, and if such statement shall appear to
have been duly
taken and in compliance with the conditions by the last section imposed,
then if such
statement purports to be signed by the Magistrate or other officer by or
before whom
the same purports to be taken, it shall be lawful to read such statement
in evidence
without further proof of the matters in the section last aforesaid,
unless it be proved
that such statement was not duly taken, or was not in fact signed by the
Magistrate or
officer aforesaid purporting to sign the same.
[A.ll repealed by Ordinance N0. 2 of 1880.]
Title.
Preamble.
Section 4 of Ordinance No. 7 of 1857 repealed.
Depositions of persons who have died or who are absent or who from other specified caise cannot be produced, as witnesses in any criminal prosecution, may in certain cases, be read in evidence.
What shall be deemed prima facie proof of examination having been duly taken.
No objection to admissibility of examination in evidence if depositions signed by the Magistrate, &c., notwithstanding particular examination not so signed.
If party accused make a statement before Magistrate, &c., same may be read in evidence if certiain preliminaries are complied with.
656
What shall be deemed a prima facie proof of statment having been duly taken, &c.
Abstract
Title.
Preamble.
Section 4 of Ordinance No. 7 of 1857 repealed.
Depositions of persons who have died or who are absent or who from other specified caise cannot be produced, as witnesses in any criminal prosecution, may in certain cases, be read in evidence.
What shall be deemed prima facie proof of examination having been duly taken.
No objection to admissibility of examination in evidence if depositions signed by the Magistrate, &c., notwithstanding particular examination not so signed.
If party accused make a statement before Magistrate, &c., same may be read in evidence if certiain preliminaries are complied with.
656
What shall be deemed a prima facie proof of statment having been duly taken, &c.
Preamble.
Section 4 of Ordinance No. 7 of 1857 repealed.
Depositions of persons who have died or who are absent or who from other specified caise cannot be produced, as witnesses in any criminal prosecution, may in certain cases, be read in evidence.
What shall be deemed prima facie proof of examination having been duly taken.
No objection to admissibility of examination in evidence if depositions signed by the Magistrate, &c., notwithstanding particular examination not so signed.
If party accused make a statement before Magistrate, &c., same may be read in evidence if certiain preliminaries are complied with.
656
What shall be deemed a prima facie proof of statment having been duly taken, &c.
Identifier
https://oelawhk.lib.hku.hk/items/show/193
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 6 of 1864
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DEPOSITIONS OF WITNESSES ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 7, 2025, https://oelawhk.lib.hku.hk/items/show/193.
