ORAL EXAMINATION OF PRISONERS ORDINANCE

ORAL EXAMINATION OF PRISONERS ORDINANCE

Oral Examination of Prisoners.

No. 3 of 1872.

An Ordinance to provide for the Oral Examination of Prisoners.

5th April, 1872.

FREAS'it is expedient to further amend the law of evidence and to provide
for
the ors examination of prisoners: Be it enacted by the Governor of
IIongkon9,
wiffithe advice of the Legislative Council thereof, as follows:- .

1;: It shall be lawful for any Judge of the Supreme Court presiding at any

criminal sessions to be hereafter holder in this Colony and before whom
any prisoner,.
is tried for the commission of any.crime or offence whatsoever and for
any dagistrate ~_;
by and- before whom any trial or investigation is conducted of or into
any charge- .
brought against any prisoner: for the commission of any crime or offence
whatsoever. at .,
any' time during the progress of such trial or investigation to orally
examine and. _
interrogate such prisoner 'upon such matters, points or circumstances as
to the said
Judge or Magistrate may seem likely to conduce to or assist in the
elucidation of the'
truth concerning the issue ox matter then under trial or investigation.
Oral Examination of Prisoners.

No. 3 of 1872.

2, Before entering upon any such examination or interrogation it shall be the
duty, of such presiding Judge or Magistrate to inform any prisoner about
to be
examined or interrogated that he cannot be compelled to 'answer any
questions that
may be put to him.

Effect of not
answering
question& v

3. Where during the trial of any prisoner at any criminal sessions such
prisoner Answers t°be -

treated as

has given answers to the questions or any of them put to him by the
presiding Judgeit evidence, when

given at criminal

isliall be the duty of such Judge to treat the said answers as evidence
given in the course
of the trial and to lay the same before the jury together with such
commonts,and
-explanation as be may deem requisite and proper: ,

4. Where on the trial or investigation of or into any criminal charge
before a
Magistrate the prisoner has given answers to the questions or any of them
put to hiy
by the said Magistrate, it shall be the duty of such Magistrate to deal
with the said
.answers as evidence_given in the course of the said trial or
investigation.

Answers before
Xaqiatrota to
be treated 4N
evidence. -

5. This Ordinance shall not come into operation until Her Majesty's
confirmation suspending

clause.
thereof shall have been proclaimed in the Colony by the Governor.

[Confirmation deferred (C.O.D. Aro.'135, 17t1c September, 1872).

Repealed by Ordinance No. 18 of 1873.
1124

Title.
Preamble.
Presiding Judge at criminal sessions and Magistrate prisoners.

1125
Effect of not answering questions.
Answers to be treated as evidence, when given at criminal sessions.
Answers before Magistrate to be treated as evidence.
Suspending clause.

1124

Title.
Preamble.
Presiding Judge at criminal sessions and Magistrate prisoners.

1125
Effect of not answering questions.
Answers to be treated as evidence, when given at criminal sessions.
Answers before Magistrate to be treated as evidence.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/300

1890

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No. 3 of 1872

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