ORAL EXAMINATION OF PRISONERS ORDINANCE

ORAL EXAMINATION OF PRISONERS ORDINANCE

Lighthouses.

No. 18 of 1873.

An Ordinance to provide for the Oral Examination of Prisoners.

[9th December, 1873.]

WHEIIEAS it is expedient to further amend the law of evidence, and
hreamble.
to provide for the oral examination of prisoners: Be it enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows: --

1. Ordinance No. 3 of 7872, is hereby repealed.

2. Upon the investigation or bearing by any Stipendiary Magistrate
-of any case in which any person is accused of the cofinrnission of any
,criniinal offence, the :~aagislcrate may, if he shall think fit, from
time to
time at any stake of the inquiry, and without previously warning the
accused person, examine hint, and put such questions to him as he thinks
necessary.

a,Whenever any accused person is examined by a, . Stipendiary
Magistrate, the whole of such examination including every question put
to him and every answer given by him shall, where such accused person
shall or is about to be committed for trial at the eriminul sessions, be
recorded in full and shall be shown or read to him, and he shall be at
p:hDIfAIV'CE .~i.o: ~~:.oF 187.3.

-Oral Examination of Prisoners,,

liberty to explain or add to his answer. Then the whole is made con-
formable to what he declares is the truth, the examination shall be
attested
by the signature of the Magistrate, who shall.ceKtify.under his )?and that
it was taken in his presence and in his hearinn and contains accurately
the whole-of the statement made by the accused person. The accused
person shall sign or attest by his mark such record.
Examination of ¢, In the event of any accused person being .committed
far.-trig! at'the~criimiztal
accused before

~~ en~ to to be sessions, his examination before the committing Magistrate
$hallwbe.laid:by the Judge
&evidence. Criminal sec. as evidence before the jury at the trial
(Repealed by Ordinance .No. 2 of 1889.]
258.
T
Examination $. The Judge presiding tat any criminal sessions ,may, if he
shall

of accused
person by m think fit, from time to time at any stage of tile trial,,
examine the accused

Judge.
,tee Criminal person, and may in like manner question him generally on
the case after

Procedure
'Code, see. 250. the witnesses for the .prosecution have been examined
and before he enters

upon his defence.

Accused not g, The accused person shall not .be liable to any punishment
for
punishable
for refusnlCo refusing to answer or for answering falsely any questions
asked under
answer. . -
Ana. orlm,r~ sections, 2 and 5, but the iVlagistrate or Court of criminal
sessions shall

Pxoo..Cod~ '

sec, 843. draw such inference as seems. just from such.refusal. .

Answers t,~ be 7. The answers giveii'by any accused person may be put in,
or treated as evidence
ynt is evil,
xnd. trim. rroc. id the ease under enquiry. . (Re-pealed by Ordinance No.
2 of 1889.
Coda, sec, 183.
eroaxns>ience $: No influence by means of any -promise or threat,
or°ntherwise,
to used. ! .Shall be used to the accused person to induce him o disclase
or withhold

cures.
Ind. Cram.
Proc. Code,
sec. $44.

:Accused not
to*!swosp.
lnii. Vin.
Proc. ~;c~i1e,
moo:°.:; .

Suspending

any ,matter within his knowledge.

9. No oath or affirmation shall be administered to the accused person.

ZO. 'rh's Ordinance shall commence and take effect on such.day. as
'.ohall< hkrafter. be fixed by proclamation .under .the hand of the
-GoveiAOr .

[In fcrce fiom the 7th April, 1874, under proclamation 2nd April, r8f4:~

NOTE.-Sections 2,~ 3 arid in s3ctioyt 6 tlae,fiyure and words '2 and' and
'Magistrate
or' are repealed as from the Xst January, 1891, by Ordinance 11'0. XO of
1890, kuJect to 'H. M.'s right of disallowance.
1305

Title.
Preamble.
Repealing clause.
Examination of accused persons by Magistrate.
See Indian Criminal Procedure Code, (Act X, 1872), Sec. 193.
Ezamination of accused how recorded.
Sec. 346, Ind. Crim. Proc. Code.
1306
Examination of accused before Magistrate to be evidence.
See Criminal Procedure Code, sec. 249.
Examination of accused person by Judge.
See Criminal Procedure Code, sec. 250.
Accused not punishable for refusal to answer.
Ind. Crim. Proc. Code, sec. 343.
Answers to be put in evidence.
Ind. Crim. Proc. Code, sec. 193.
No influence to be used to induce disclosures.
Ind. Crim. Proc. Code, sec. 344.
Accused not to be sworn.
Ind. Crim. Proc. Code, Sec. 345.
Suspending clause.

1305

Title.
Preamble.
Repealing clause.
Examination of accused persons by Magistrate.
See Indian Criminal Procedure Code, (Act X, 1872), Sec. 193.
Ezamination of accused how recorded.
Sec. 346, Ind. Crim. Proc. Code.
1306
Examination of accused before Magistrate to be evidence.
See Criminal Procedure Code, sec. 249.
Examination of accused person by Judge.
See Criminal Procedure Code, sec. 250.
Accused not punishable for refusal to answer.
Ind. Crim. Proc. Code, sec. 343.
Answers to be put in evidence.
Ind. Crim. Proc. Code, sec. 193.
No influence to be used to induce disclosures.
Ind. Crim. Proc. Code, sec. 344.
Accused not to be sworn.
Ind. Crim. Proc. Code, Sec. 345.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/329

1890

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No. 18 of 1873

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