EVIDENCE ORDINANCE, 1889
Title
EVIDENCE ORDINANCE, 1889
Description
ORDINANCE No. 2 OF 1889.
Evidence
AN ORDINANCE to consolidate the Law of Evidence.
[18th January,1889.]
Be it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Evidence Ordinance,1889.
2.In this Ordinance, unless the context otherwise requires,-
'The Court' includes the Chief Justice and the Puisne Judge of
the Supreme Court, also every judge,coroner, magistrate,justice,
officer of any Court,commissioner, arbitrator, or other person now
or hereafter having, by law or by consent of parties,authority to
hear, receive, and examine evidence in the Colony with respect to
or concerning any action,suit,or other proceeding,civil or cri-
minal,or with respect to any matter submitted to arbitration or
ordered to be inquired into or investigated under any Commission:
'Judge' means a judge of the Supreme Court;
'Bank' means any corporation,company,or society established by
charter or under or by virtue of any Act of Parliament or Ordi-
nance lawfully carrying on the business of bankers,or any foreign
banking company carrying on business in this Colony and recog-
nized as such for the purposes of this Ordinance by an order of
the Governor-in-Council published in The Gazette;
'Banker's book' includes any ledger,day book,cash book,account
book,or any other book used in the ordinary business of the bank.
PART I.
ADMISSIBLE WITNESSES AND EVIDENCE.
3.The following persons only shall be incompetent to give evidence
in any proceedings:-
(1.)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 respect-
ing which they are examined or of relating them 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 arrendance is required.
4.In all proceesings 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,
shall except as hereinafter excepted,be competent and compellable to
give evidence,either viva voce or by deposition,according to the practice
of the Court,on behalf of either or any of the parties to the proceed-
ings.
5.Nothing in this Ordinance shall render any husband competent or
compellable to give evidence for or against his wife,or any wife com-
petent or compellable to give evidence for or against her husband,in any
criminal proceedings.
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 communication made to her hus-
band during the marriage.
7.No person offered as a witness in any proceedings ahll hereafter
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 competent or compellable to give
evidence for or against himself,or shall render any person in any pro-
ceedings compellable to answer any question tending to criminate
himself.
9.In any proceedings instituted in consequence of adultery,the par-
ties 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 adultery,unless such witness has already
given evidence on the same proceedings in disproof of his or her alleged
adultery.
10.The parties to any action for breach of promise of marriage 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 mat-
erial evidence in support of such promise.
11.A party producing a witness in any proceedings shall not be allow- ed to impeach his credit by general evidence of bad charcter, but he may,
in case the witness, in the opinion of the Court, prove adverse, contre-
dict him by other evidence or, by6 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 circumstance 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-examination asto a
former statement made by him relative to the subject-matter of the
proceedings and inconsistent with his present testimony,does not dis-
tinetly admit that he has made such statement,proof may be given that
he did in fact make it;but,before such proof can be given,the circum-
stances of the supposed statement,sufficient ro designate the particular
occasion,must be mentioned to the witness,and he must be asked whe-
ther or not he has made such statement.
13.A witness in nay proceedings may be cross-examined as to pre-
vious 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 frlong 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 oficewr having the custody of the records of
the Court where ther offender was convicted,or acquitted,or by 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
signature or official character of the person appearing to have signed the
same.
15.It shall not be necessary in any proceedings to prove by the at-
testing witness any instruments to the validity of which attestation is not
requisite; and such instrument may be proved by admission or otherwise
as if there had 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 repecting 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 2
ADMISSIBLE DOCUMENTS.
17. Whenever any book or other document is of such a public nature
as to be admissible in evidence on its mere production from the proper
custory, and no statute or Ordinance in force in the Colony exists which
renders its content 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 be an examined copy or extract or provided it purpots
to be signed and certified as a true copy or extract or provided it purports
custody the orginal is entrusted, and which officer is hereby required to
furnish such certified copy or extract to any person applying at a reason-
able time for the same, on payment of a reasonable sum for the same,
not exceeding twenty-five cents for every folio of ninty words.
18. Whenever, by any status or Ordinance now or hereafter to be in
force in the Colony, any certificate, offical or public documents, or pro-
ceeding of any corporation or joint stock or other company, or any cer-
tified copy of any documents, by law, entry in any register or other book,
or of any other proceeding is recievieable in evidence of any particular
in the Court or before the Legistrative Council, of the Colony or any
Committee thereof, the same shall repectivelty be admitte din evidence,
provided they respectively purport to be sealed opr impressed with a stamp,
where a sealed and signed alone, as required, or impressed with a
stamp and signed, as directed by the repective statues or Ordinances
made or hereafter to be made, without any proof of the seal or stamp,
where a seal or stamp is necessary, or of th esignature or of the offical
character of the person appearing to have signed the same, and without
any further proof thereof appearing to have signed the same, and without
any further proof thereof, in every case in which the orginal record
could havce been recieved in evidence.
19.All affidavits, affirmations, and notarial acts taken and made under
the Acts George 4 Chapter 87, entitled 'An Act to regulate the Payment of Salaries and Allowances to British Consults at Foreign Ports and the
Disbursements at such Ports for certain Public Purpose,' or under the
Act 18&19 Victoria Chapter 42, entitled ' An Act to enable British
Diplomatic and Consult Agents Aboard to adminster Oaths and do
Notarial Acts,' shall and may and be recieved, read, and made use of in and
before the Court in or in relation to any action, cause , matter, or pro-
ceeding in or before the Court in like manner, and shall be of the
force and effect, as affidavits and affirmations taken in or before the
Supreme Court or by any person duly commisssioned or authorized by the
Court ti take such affidavits or affirmation,and shall be filled and dealt
with accordingly.
20. Subject to the provision of this section, a copy of an entry in a
banker's book shall in all proceedings be recieved as prima facie evidence
of such entry and of teh matters, transaction, and accounts therein
recorded,-
(1.)provided that such book was, at time of making 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 orally or by an affidavit sworn before
any person authorized to take affidants;
(2.) provided, also, that it is proved, orally or by affidavit sworn as
aforesaid, by some person who has examined the copy with the
orginal entry that the copy has been examined with the orginal
entry and is correct; and
(3.)provided, 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 manners ,
transaction, or accounts therein recorded, except by order of a
Judge made for special cause.
21.-(1.) On the application of any party too 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 purpose 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 purpose of this section, and the coss of anything done or to be
done under an order of the Court or judge made under o for the pur-
poses 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 any default or
delay on the part of the bank.
(4.)Any such order against a bank may be enforced as if the bank
was a party to the proceeding.
22.Sunday,Christmas Day,Good,Friday,and any bank holiday
shall be excluded from the computation of time under section 20 and 21.
23.All proclamations,treaties,and other acts of state of any Foreign
State or of any other British Colony,and all judgments,decrees,orders,
and other judicial proceedings of any Court of Justice or any Consulate
in any Foreign State or in any other British Colony,and all affidavits,
pleadings,and other legal documents filed or deposited in any such Court
or Consulate may be proved in the Court 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 Colony to which
the original document belongs,and if the document sought to be proved
is a judgment,decree,order,or other judicial proceeding of any Court of
Justice or any Consulate in any Foreign State or in any other British
Colony,or an affidavit,pleading,or other legal document filed or depo-
sited in any such Court,or Consulate,the authenticated copy to be
admissible in evidence must purport either to be sealed 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 signa-
ture a statement in writing in the said copy that the Court whereof he is a
judge has no seal;but if any of the aforesaid authenticated copies pur-
port to be sealed or signed as hereinafter respectively directed,the
same shall respectively be admitted in evidence in every case in which
the original document could have been received in evoidence,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 state-
ment are necessary,or of the judicial character of the person appearing
to have made such signature and statement.
24.-(1.)All answers to interrogatories,disclaimers,examinations,
affidavits,declarations,affirmations,and attestations of honour,and all
other documents required to be sworn or declared 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,declared,and taken in England,Scotland,or Ireland,or the
Channel Island,or in any other colony,island,plantation,or place
under the dominion of Her Majesty in foreign parts,before any court,
judge,notary public,or person lawfully authorized to administer oaths
in such country,colony,island,plantation,or place respectively,or before
any of Her Majesty' s consuls or vice-consuls in any foreign parts out
of Her Majesty's Dominions.
(2.)The Judges and other 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,consul,or vice-consul attached,
appended,or subscribed to any such answer,disclaimer,examination,
affidavit,affirmation,attestation of honour,declaration,ackonwledgment,
or other document or be used in the said Court.
25.Any document purporting to have affixed, impressed, or subscibed
thereon or thereto the seal and signature of any British Ambassador,
Envoy, Minister, Charge d'Affaires, Secretary of Embassy or of
Legation, Consul-General, Consul, Vice-Consul, Acting Consul, pro-
Consul,or Cousular Agent,in testmony of any such oath,affidavit,
affirmation,or act having been adfministered,aworn,affirmed,had,or
done by or before him under the Acts mentioned in the last preceding
section shall be admitted in evidence without proof of any such seal and
signature being the seal and signature of the person whose seal and sig-
nature the same purport to be or of the official character of such person.
26.In civil procedings-
(1.)entries in books of account kept in the course of business,with
such a reasonable degree of regularity as may be satisfactory to the
Court,shall be admissible in evidence,whenever they refer to a
matter into which the Court has to inquire,but shall not alone be
sufficient evidence to charge any person with liability;
(2.)The Hongkong Government Gazette and any Government Gazette
of any country,colony,or dependency in Her Majesty's Dominions
may be proved by the bare production thereof before the Court;
(3.)all proclamations,acts of state,whether legislative or executive,
niminations,appointments,and other official communications of the
government,appearing in any such Gazette,may be proved by the
production of such Gazette,and shall be prima facie proof of any
fact of a public nature which they were intended to notify;
(4.)the Court may,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.)books printed or published under the authority of the govern-
ment 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
(6.)all maps made under th eauthority of any government or of any
public municipal body,and not made for the purpose of any liti-
gated question,shall prima 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 the Court 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 what-
soever 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
within the Colony shall henceforth take judicial such signature is at-
teahed 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,affirmation,or declaration
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 in criminal proceedings on behalf
of the Crown ,is unable to produce at the trial of the prisoner or accused
person any person as a witness,in consequense of the death of such
person,or of his absence from the Colony,or of the 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 prisoner or accused person,or of his
being domiciled 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;and if it also appears that such person was exam-
ined 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,declaration,or warning was administered to,made by ,or
given to such person prior to his examination,and that the examination
was taken in the presence of the prisoner or accused person,and that he,
or his counsel or solicitor,was asked if he wished to cross-examine,and
had a full opportunity of cross-examining or did actually cross-examine,
such person,and that the examination 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 Supreme
Court,it shall be lawful for the Supreme Court,and it is hereby required,
to allow to be read and received in evidence in such prosecution so much
of the examination so taken as aforesaid as would have been admissible,
according to the law and practice of the said Court,if the said person
had been produced and examined before the said Court in the ordinary
and accustomed manner.
30.If the Attorney General,or other conducting a prosecu-
tion in criminal proceedings on behalf of the Crown,at the trial of any
accused person,applies to the Court for leave to read as evidence in such
prosecution the examination of any person,and it appears to the Court
that the depositions,including the examiantion of such person or a copy
thereof,are in the custody of the proper officer,and if it appears from the
perusal of such examination by the presiding Judge that such examina-
tion contains any statement to the effect,or from which it may fairly
and reasonable be inferred,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,
declaration,or warning was administered to,made by ,or given to such
person prior to his examination,and that the examintion was taken in
the presence of the prisoner or accused person,and that he,or his coun-
sel or solicitor,was asked if he wished to cross-examine,and had a full
opportunity of cross-examining or did actually cross-examine,such per-
son,and that the examination of such person was reduced into writing
and read over to 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 examiantion in evidence,without further proof
of the matters in this section 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 pur-
porting 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 par-
ticular examination of such person was not signed by the Magistrate or
other officer of Her Majesty as aforesaid,if it appears,in manner
aforesaid,that the depositions wherein such examination was included
were so signed.
32.Whereas it may happen that a person dangerously ill and inable
to travel may be able to give material and important information relat-
ing to an indictable or permissible to take,in accordance with the provi-
sions of section 29 and 30,the examination or deposition of the person so
being ill,so as to make the same availble as evidence in the event of
his death before the trial of the prisoner or accused person,and it is
desirable,in the interests of truth and justice,that means should be pro-
vided for perpetuating such testimony and for rendering the same avail-
able in the event of the death of such person,whenever it is made to
appear,to the satisfaction of any Magistrate or Justice of the Peace,that
any person dangerously ill,and,in the opinion of some registered medi-
cal practitioner,not likely to recover from such illness,is able and wil-
ling to give material information relating to an indictable offence or
to a person accused thereof and it is not practicable for any Magistrate
or other officer of Her Majesty as aforesaid to take an examination or
deposition,in accordance with the provisions of the said section 29 and
30,of the person so being ill,it shall be lawful for the said Magistrate
or any Justice of the Peace to take in writing the statement upon oath,
affirmation,or declaration of such person so being ill.and such Magis-
trate or Justice shall thereupon subscribe the same,and shall add thereto
by way of caption a statement of his reason for taking,and of the names
of the persons,if any,present at the taking thereof,and,if the same
relates to any indictable offence or for which any accused person is
already committed or bailed to appear for trial,shall transmit the same,
with the said addition,to the proper officer and in all other cases he shall
transmit the same to the Registrar of the Supreme Court,who is hereby
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 same statement is proved to be dead,or if it is
proved that there id no reasonable probability that such person will ever
be able to travel or to give evidence,it shall be lawful to read such
statement in evidence ,either for or against th eprisoner or accused per-
son,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 satisfaction of the Court,that reasonable
notice of the intention to take such statement has been served on the
person(whether prosecutor,or prisoner,or accused person)against
whom it is proposed to be read in evidence and that such person ,or his
counsel or solicitor,had or might have had,if he had chosen to be
present,full opportunity of cross-examining the deceased person who
made the same.
33.Whenever a prisoner in actual custody has been served with or
has received notice of an intention to take such statement as is mentioned
in the last preceding section,the Judge or Magistrate by whom th epri-
soner was committed,or the Visiting Justices of the prison in which he is
cinfined,may,by an order in writing,direct the gaoler having the cus-
tody of the prisoner to convey him to the place mentioned in the said
notice for the purpose of being present at the taking of the statement;
and such gaoler shall convey the prisoner accordingly,and the expenses,
if any,of such conveyance shall be paid out of the funds applicable to
the other expenses of the prison from which the prisoner has been con-
veyed.
34.All examinations in pursuance of the Oral Examination of Pri-
soners Ordinance,1873,by the committing Magistrate of any prisoner
or accused person who is thereafter committed for trial at any Criminal
Session of the Supreme Court shall be laid by the Judge as evidence
before the jury at the trial.
35.The answers given by any prisoner or accused person to any
questions put to him by the Judge suring the trial before the Supreme
Court in pursuance of the Oral Examination of Prisoners Ordinance,
1873,may be put in or treated as evidence in the case,in the discretion
of the Judge.
36.In case of proceedings with a view to committal for trial at the
Supreme Court,if,after the examination of all the witnesses on the part
of the prosecution has been completed beofre a Magistrate or other officer
of Her Majesty to whom the cognizance of the crime or offence apper-
tained,any voluntary statement is amde by the prisoner or accused
person before such Magistrate or officer of Her Majesty as aforesaid,it
shall be lawful for any Judge of the Supreme Court,and he is hereby
required,to allow such statement to be read and received in evidence at
such trial,on the presiding Judge being satisfied that the following con-
ditions have been on each case complied with,namely,-
(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,read or caused to be read,or ,where
necessary,translated or caused to be translated,to the prisoner or
accused person the depositions taken against him;
(2.)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,addressed to the prisoner or accused
person these words or words to the like effect:-'Having heard
the evidence,do you wish to say anything in answer 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 on your trial';
(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,gave the prisoner or accused person
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 what ever he then
said might be given in evidence against him on his trial,notwith-
standing such promise or threat;
(4.)that ehat the prisoner or accused perosn answered thereto was
taken down in writing and read over to him ;and
(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 proper officer,in the same manner as the depositions of the
witnesses which had been taken in the same manner;
Provided,nevertheless,that nothing herein contained shall prevent the
Attorney General,or other person conducting a prosecution in criminal
proceedings on behalf of the Crown,from giving in evidence any ad-
mission or confession or other statement of the prisoner or accused
person,made at any time,which by law would be admissible as evidence
against such person.
37.If the Attorney General,or other person conducting a prosecution
in criminal proceedings on behalf of the Crown,or the prisoner or accused
person of his counsel,at the trial of any prisoner or accused person,ap-
plies to the Court for leave to read as evidence in such prosecution the
statement of such person mentioned in the last preceding section,and it
appears to the Court that teh depositions,including the statement of such
person or a copy thereof,are in the custody of the proper officer,and if
such statement appears to have been duly taken in compliance with the
conditions mentioned in the last preceding section,then,if such state-
ment purpirts 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 men-
tiones in the said section,unless it is proved that such statement was
not duly taken or was not in fact signed by the Magistrate or officer
aforesaid purporting to sign the name.
PART IV.
COMMISSIONS TO TAKE EVIDENCE.
38.-(1.)Where,on an application for this purpose,it is made to
appear to the Supreme Court or any Judge thereof that any of Her Ma-
jesty's courts or tribunals of competent jurisdiction outside the Colony
has duly authorized,by commission,order,or other process,the obtain-
ing the testimony in or in relation to any civil proceedings pending in
or before such court or tribunal and within the jurisdiction of the
Supreme Court,it shall be lawful for the Supreme Court or any Judge
thereof to order the examination before the person or persons appointed,
and in manner and form directed by such commission,order,or other
process as aforesaid,of such witness or witnesses accordingly,so far as
not repugnant to the laws and practice of the Colony.
(2.)It shall be lawful for the said Court or any Judge thereof,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 pro-
ducing 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 said Court
or any Judge thereof in any action or other proceeding depending in the
said Court or before any Judge thereof.
39.-(1.)Where, on an application by summons for this purpose,it
is made to appear to the Supreme Court or any Judge thereof that any
court or tribunal of competent jurisdiction in a foreign country ,before
which any civil or commercial proceedings are pending,is desirous of
obtaining the testimony in relation to such proceedings of any witness
or witnesses within the jurisdiction of the Supreme Court,it shall be
lawful for the Supreme Court or any Judge thereof to order any person
or persons named in such order,or such witness or witnesses accord-
ingly.
(2.)It shall be lawful for the Supreme Court or any Judge thereof,
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 in like manner as an order
made by the Supreme Court or any Judge thereof in any action or other
proceeding depending in the Supreme Court or before any Judge thereof.
40.A certificate under the hand of the Ambassador,Minister,or
other Diplomatic Agent of any any Foreign State,received as such by the
Governor,or,in case there is no such Diplomatic Agent,then of the
Counsil-General or Council of any such Foreign State in the Colony,re-
ceived and admitted as such by the Governor,that any such proceed-
ings in relation to which an application is made under the last preced-
ing setion is a civil or commercial suit or matter pending before a court
or tribunal in the country of which he is the Diplomatic Agent or
Counsul-General or Counsul having jurisdiction in the proceedings so
pending,and that such court or tribunal is desires of obtaining the
testimony of the witness or witnesses to whom the application relates,
shall be evidence of the matters so certified;but where no asuch certi-
ficate 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-
(1.)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 at-
tendance at the trial or hearing of any action or other proceeding
before the Supreme Court;
(2.)that every person examined under any suhc commission,order,
or other process shall have the like right to refuse to anser ques-
tions tending to criminal himself and all such other questions to
which he 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,AFFIRMATIONS,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.If any person,not being a native of China,who is called as a
witness to give viva voce evidence,or is required or desires to make an
affidavit or deposition,in any proceedings refuses or is willing from
alleged conscientous motives to be sworn,it shall be lawful for the
Court or the person qualified to take affidavits or depositions,on being
satisfied of the sinerity of such objection,to permit such person instead
of being sworn to hive evidence or to make such affidavit or deposition
as aforesaid as follows:
(1.)in the case of viva voce evidence,he shall make the following
affirmation and decalration:-
'I,A.B., do solemnly,sincerely,and truly affirm and declare
that the taking of an oath is according to my religious belief unlaw-
ful;and I do solemnly,sincerely,and truly affirm and declare that
the evidence which I am about to give shall be the truth,the whole
truth,and nothing but the truth';and
(2.)in the case of an affidavit or deposition or other document
required to be sworn,he shall make ans subscribe the following
affirmation and declaration:
'I,A.B., do solemnly,sincerely,and truly affirm and declare
that the taking of an oath is according to my religious belief unlaw-
ful;and I do solemnly,sincerely,and truly affirm and declare'
etc.
44.Every person ,not being a Christian or of the Jewish relihion,
who is called as a witness to give viva voce evidence,or is required or de-
sires to make an affirdavit or deposition,in any proceedings shall in lieu
of an oath make his declaration,which shall be duly interpreted to every
witness who is ignorant of the English language,in the manner follow-
ing:-
(1.)in the case of viva voce evidence,he shall make the following
declaration:-
'I,A.B., do solemnly,sincerely,and truly declare that the
evidence which I am about to give shall be the truth,the whole
truth,and nothing but the truth';
(2.)in the case of an affidavit or deposition or other document re-
quired to be sworn,he shall make and subscribe the following
declaration:-
'I, A.B., do solemnly and sincerely declare that the contents of
this my affidavit [or information,or deposition,or testification,or
other document as the case may be] are true.'
45.Every affirmation and declaration or declaration alone shall be of
the same force and effect as on oath in the usual form.
PART VI.
PERJURY,ETC.
46.Every person making or subscribing any affirmation and decla-
ration or declaration who wilfully,falsely,and corruptly affirms,de-
clares,or subscibes any matter or thing which,if the same had been
sworn,would have amounted to wilful and corrupt perjury shall incur
the same penalties as by any law or Ordinance in force within the Colony
is or may be provided or enacted for the punishment of wilful and cor-
rupt perjury.
47.Where two or more contradictory statements of fact or alleged
fact,material to the issue or matter in question,have been wilfully and
knowingly made by one and the same witness in any proceedings before
the Court,whether at the same examination or at two or more examina-
tions,and whether before the same court or person or before any other
court or person,and whether the respective truth or falsehood of the
said statements can be ascertained or not,an indictment may be preferred
against him,charging him with having,on the day or days of his said
examination or examinations,wilfully and knowingly made the said
contradictory statements,and setting forth the short material purport
or effect thereof respectively,and,on conviction thereof,either in whole
or in part,such witness shall be liable to the penalties of perjury.
48.Every person who tenders in evidence in any proceedings in this
Colony any such affirdavit,affirmation,or notarial act as is mentioned or
referred to in section 19 which is proved to be false,knowing the
the same to be false,shall,on conviction thereof,be liable to the penalties
of perjury.
49.If any false document within the meaning of section 19 has been
tendered in evidence or the statements mentiones in section 47 or the
last of them have been so made before the Supreme Court or before a
Police Magistrate,such Court or Magistrate may,if it or he thinks fit,
either direct a prosecution of the same offence for perjury and commit
the offender,unless he gives bail,for trial at the next Criminal Session
of the Supreme Court,or treat the same as contempt of Court and forth-
with proceed summarily to punish the same either by fine not exceeding
for every such offence two hundred dollars or by imprisonment,with or
without hard labour,for any term nor exceeding six months,and such
punishment shall be in lieu of all other penalties.
50.If any officer who is authorized or require by this Ordinance to
furnish any certified copies or extracts wilfully certifies any document
as being a true copy or extracts,knowing that the same is not a true
copy or extract,as the case may be,he shall be guilty of a misdemeanor,
and,being convicted thereof,shall be liable to imprisonment for any term
not exceeding eighteen months.
51.-(1.)Every person who
(a.)forges the seal,stamp,or signature of any document mentioned
or referred to in this Ordinance;or
(b.)tenders in evidence any such document with a false or counter-
feit seal,stamp,or signatire thereof,knowing the same to be
false or counterfeit,
shall be guilty of felony,and,being convicted thereof,shall be liable to
imprisonment,with to without hard labour,for any term not exceeding
seven years and not less than one year.
(2.)Whenever any such documant 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 part against whom the same is so
admitted in evidence,direct that the same shall be impouded and be
kept in the custody of such officer of the court or other proper person,
for such period,and subject to such conditions as to the said court or
person may seem meet.
PART VII.
MISCELLANEOUS PROVISIONS.
52.-(1.)It shall be lawful for the Governor or any Judge of the
Supreme Court,in any case where he may see fit to do so,on application
by affidavit,to issue a warrant or order under his hand for bringing up
any prisoner or person confined in any gaol or prison or place in the
Colony 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 offence or to be examined
as a witness in any proceedings depending or to be inquired of or
determined in or before such Court,Judge,Magistrate,or judicature.
(2.)The person required by any such warrant or order to be so
brought before such Court,Judge,Magistrate,or other judicature shall
be so brought under the same care and custody,and be dealt with in
like manner in all respects,as a prisoner required by any writ of habeas
corpus awarded by the Supreme Court to be brought before the said
Court to be examined as a witness in any case or matter depening
before the said Court is now by law required to be dealt with. 53.Nothing in this Ordinance shall be construed to repeal any provision
contained in the Wills Act,1837, of the Imperial Parliament.
A.D. 1889. Ordinance No. 2 of 1889. Short title. Interpretation of terms. 14 & 125 Vict.c. 99 s. 16. Incompetency from immature age or unsoundness of mind. General rule as to admissibility of evidence of parties, etc. 14 & 15 Vict.c. 99 s. 2.; 16 & 17 Vict.c. 83 s. 1. Exception as to husband and wife in criminal proceedings. Ib.s.3; s.2. Privilege of communications between husband and wife. Ib.s.3. Witness not to be excluded from giving evidence by incapacity from crime or interest. 6 & 7 Vict.c.85 s. 1. Exception as to defendant in criminal proceedings, etc. 14 & 15 Vict.c. 99 s.3. 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 of marriage. Ib.s.2. Rule as to discrediting of his owner witness by party. 17 & 18 Vict.c. 125 s. 22; 28 & 29 Vict.c. 18 s.3. Proof of contradictory statement of adverse witness. 17 & 18 Vict.c. 125 s. 28; 38 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, except in certain cases. 17 & 18 Vict.c. 125 s. 26; 28 & 29 Vict.c. 18 s. 7. Comparison of disputed with genuine writing. Ib.s.27; s. 8. Copy of document of public nature. 14 & 15 Vict.c. 99 s. 14. Official document. 8 & 9 Vict.c. 113 s. 1. Use of affidavit, etc., taken before ambassador, etc., abroad. 18 & 19 Vict.c. 42 s. 2. Copy of entry in banker's book. 42 & 43 Vict.c. 11 ss. 3-6. Power to the Court or Judge to direct copies of entries in banker's book to be taken. Ib.ss. 7, 8. Exclusion of certain days from computation of time. 42 & 43 Vict.c. 11 s. 1.. Proof of foreign or colonial act of state, judgement, etc. 14 & 15 Vict.c. 99 s. 6. 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. Proof of various matters in civil proceedings. Admissibility of document filed in foreign court of consulate. Courts to take judicial notice of signature of Judge of Supreme Court, 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. What shall be deemed 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, after death of such person. 30 & 31 Vict.c. 35 s.6. Provision for prisoner being present at taking of statement. 30 & 31 Vict.c. 35 s. 7. Use of answers of prisoner before Magistrate. No. 5 of 1873. Use of answers of prisoner at trial. No. 5 of 1873. Reception in evidence of statement of accused person. 11 & 12 Vict.c. 42 s. 18. Prima facie proof of statement duly taken. Order for examination of witnesses in the Colony in relation to action pending before Court of Her Majesty. 22 Vict.c. 20 s. 1. Order for examination of witnesses in the Colony in relation to civil or commercial proceedings pending before foreign tribunal. 19 & 20 Vict.c. 113. s.1. Effect of certificate of Ambassador, etc., as evidence in support of application. 19 & 20 Vict.c. 113 s.2. Examination of witness under ss. 39 and 40. Ib.ss. 3, 4, 5; 22 Vict.c. 20 ss. 6, 3. Administration of oath by the Court. 14 & 15 Vict.c. 99 s. 16. Affirmation in lieu of oath. 17 & 18 Vict.c. 125 s. 20; 24 & 25 Vict.c. 125 s. 20; 24 & 25 Vict.c. 66 s. 1.Declaration by non-Christian or non-Jew in lieu of oath. Effect of affirmation, declaration, etc. Punishment of false affirmation or declaration. 17 & 18 Vict.c. 125 s. 24; 24 & 25 Vict.c. 66 s. 2. Liability of witness making contradictory statements to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Punishment for tendering in evidence false document or making contradictory statements of fact. See also Ordinance No. 3 of 1873 s. 31. Punishment of officer certifying false document. 14 & 15 Vict.c. 99 s. 15. Punishment of person forging seal, stamp, or signature of certain documents, etc. 8 & 9 Vict.c. 113 s. 4; 14 & 15 Vict. C. 99 s. 17; 17 & 18 Vict.c. 42 s. 5. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict.c. 30 s. 9. Saving as to Wills Act, 1837. 7 Will. 4 & 1 Vict.c. 26.
Evidence
AN ORDINANCE to consolidate the Law of Evidence.
[18th January,1889.]
Be it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
Preliminary Provisions.
1.This Ordinance may be cited as the Evidence Ordinance,1889.
2.In this Ordinance, unless the context otherwise requires,-
'The Court' includes the Chief Justice and the Puisne Judge of
the Supreme Court, also every judge,coroner, magistrate,justice,
officer of any Court,commissioner, arbitrator, or other person now
or hereafter having, by law or by consent of parties,authority to
hear, receive, and examine evidence in the Colony with respect to
or concerning any action,suit,or other proceeding,civil or cri-
minal,or with respect to any matter submitted to arbitration or
ordered to be inquired into or investigated under any Commission:
'Judge' means a judge of the Supreme Court;
'Bank' means any corporation,company,or society established by
charter or under or by virtue of any Act of Parliament or Ordi-
nance lawfully carrying on the business of bankers,or any foreign
banking company carrying on business in this Colony and recog-
nized as such for the purposes of this Ordinance by an order of
the Governor-in-Council published in The Gazette;
'Banker's book' includes any ledger,day book,cash book,account
book,or any other book used in the ordinary business of the bank.
PART I.
ADMISSIBLE WITNESSES AND EVIDENCE.
3.The following persons only shall be incompetent to give evidence
in any proceedings:-
(1.)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 respect-
ing which they are examined or of relating them 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 arrendance is required.
4.In all proceesings 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,
shall except as hereinafter excepted,be competent and compellable to
give evidence,either viva voce or by deposition,according to the practice
of the Court,on behalf of either or any of the parties to the proceed-
ings.
5.Nothing in this Ordinance shall render any husband competent or
compellable to give evidence for or against his wife,or any wife com-
petent or compellable to give evidence for or against her husband,in any
criminal proceedings.
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 communication made to her hus-
band during the marriage.
7.No person offered as a witness in any proceedings ahll hereafter
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 competent or compellable to give
evidence for or against himself,or shall render any person in any pro-
ceedings compellable to answer any question tending to criminate
himself.
9.In any proceedings instituted in consequence of adultery,the par-
ties 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 adultery,unless such witness has already
given evidence on the same proceedings in disproof of his or her alleged
adultery.
10.The parties to any action for breach of promise of marriage 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 mat-
erial evidence in support of such promise.
11.A party producing a witness in any proceedings shall not be allow- ed to impeach his credit by general evidence of bad charcter, but he may,
in case the witness, in the opinion of the Court, prove adverse, contre-
dict him by other evidence or, by6 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 circumstance 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-examination asto a
former statement made by him relative to the subject-matter of the
proceedings and inconsistent with his present testimony,does not dis-
tinetly admit that he has made such statement,proof may be given that
he did in fact make it;but,before such proof can be given,the circum-
stances of the supposed statement,sufficient ro designate the particular
occasion,must be mentioned to the witness,and he must be asked whe-
ther or not he has made such statement.
13.A witness in nay proceedings may be cross-examined as to pre-
vious 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 frlong 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 oficewr having the custody of the records of
the Court where ther offender was convicted,or acquitted,or by 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
signature or official character of the person appearing to have signed the
same.
15.It shall not be necessary in any proceedings to prove by the at-
testing witness any instruments to the validity of which attestation is not
requisite; and such instrument may be proved by admission or otherwise
as if there had 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 repecting 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 2
ADMISSIBLE DOCUMENTS.
17. Whenever any book or other document is of such a public nature
as to be admissible in evidence on its mere production from the proper
custory, and no statute or Ordinance in force in the Colony exists which
renders its content 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 be an examined copy or extract or provided it purpots
to be signed and certified as a true copy or extract or provided it purports
custody the orginal is entrusted, and which officer is hereby required to
furnish such certified copy or extract to any person applying at a reason-
able time for the same, on payment of a reasonable sum for the same,
not exceeding twenty-five cents for every folio of ninty words.
18. Whenever, by any status or Ordinance now or hereafter to be in
force in the Colony, any certificate, offical or public documents, or pro-
ceeding of any corporation or joint stock or other company, or any cer-
tified copy of any documents, by law, entry in any register or other book,
or of any other proceeding is recievieable in evidence of any particular
in the Court or before the Legistrative Council, of the Colony or any
Committee thereof, the same shall repectivelty be admitte din evidence,
provided they respectively purport to be sealed opr impressed with a stamp,
where a sealed and signed alone, as required, or impressed with a
stamp and signed, as directed by the repective statues or Ordinances
made or hereafter to be made, without any proof of the seal or stamp,
where a seal or stamp is necessary, or of th esignature or of the offical
character of the person appearing to have signed the same, and without
any further proof thereof appearing to have signed the same, and without
any further proof thereof, in every case in which the orginal record
could havce been recieved in evidence.
19.All affidavits, affirmations, and notarial acts taken and made under
the Acts George 4 Chapter 87, entitled 'An Act to regulate the Payment of Salaries and Allowances to British Consults at Foreign Ports and the
Disbursements at such Ports for certain Public Purpose,' or under the
Act 18&19 Victoria Chapter 42, entitled ' An Act to enable British
Diplomatic and Consult Agents Aboard to adminster Oaths and do
Notarial Acts,' shall and may and be recieved, read, and made use of in and
before the Court in or in relation to any action, cause , matter, or pro-
ceeding in or before the Court in like manner, and shall be of the
force and effect, as affidavits and affirmations taken in or before the
Supreme Court or by any person duly commisssioned or authorized by the
Court ti take such affidavits or affirmation,and shall be filled and dealt
with accordingly.
20. Subject to the provision of this section, a copy of an entry in a
banker's book shall in all proceedings be recieved as prima facie evidence
of such entry and of teh matters, transaction, and accounts therein
recorded,-
(1.)provided that such book was, at time of making 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 orally or by an affidavit sworn before
any person authorized to take affidants;
(2.) provided, also, that it is proved, orally or by affidavit sworn as
aforesaid, by some person who has examined the copy with the
orginal entry that the copy has been examined with the orginal
entry and is correct; and
(3.)provided, 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 manners ,
transaction, or accounts therein recorded, except by order of a
Judge made for special cause.
21.-(1.) On the application of any party too 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 purpose 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 purpose of this section, and the coss of anything done or to be
done under an order of the Court or judge made under o for the pur-
poses 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 any default or
delay on the part of the bank.
(4.)Any such order against a bank may be enforced as if the bank
was a party to the proceeding.
22.Sunday,Christmas Day,Good,Friday,and any bank holiday
shall be excluded from the computation of time under section 20 and 21.
23.All proclamations,treaties,and other acts of state of any Foreign
State or of any other British Colony,and all judgments,decrees,orders,
and other judicial proceedings of any Court of Justice or any Consulate
in any Foreign State or in any other British Colony,and all affidavits,
pleadings,and other legal documents filed or deposited in any such Court
or Consulate may be proved in the Court 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 Colony to which
the original document belongs,and if the document sought to be proved
is a judgment,decree,order,or other judicial proceeding of any Court of
Justice or any Consulate in any Foreign State or in any other British
Colony,or an affidavit,pleading,or other legal document filed or depo-
sited in any such Court,or Consulate,the authenticated copy to be
admissible in evidence must purport either to be sealed 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 signa-
ture a statement in writing in the said copy that the Court whereof he is a
judge has no seal;but if any of the aforesaid authenticated copies pur-
port to be sealed or signed as hereinafter respectively directed,the
same shall respectively be admitted in evidence in every case in which
the original document could have been received in evoidence,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 state-
ment are necessary,or of the judicial character of the person appearing
to have made such signature and statement.
24.-(1.)All answers to interrogatories,disclaimers,examinations,
affidavits,declarations,affirmations,and attestations of honour,and all
other documents required to be sworn or declared 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,declared,and taken in England,Scotland,or Ireland,or the
Channel Island,or in any other colony,island,plantation,or place
under the dominion of Her Majesty in foreign parts,before any court,
judge,notary public,or person lawfully authorized to administer oaths
in such country,colony,island,plantation,or place respectively,or before
any of Her Majesty' s consuls or vice-consuls in any foreign parts out
of Her Majesty's Dominions.
(2.)The Judges and other 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,consul,or vice-consul attached,
appended,or subscribed to any such answer,disclaimer,examination,
affidavit,affirmation,attestation of honour,declaration,ackonwledgment,
or other document or be used in the said Court.
25.Any document purporting to have affixed, impressed, or subscibed
thereon or thereto the seal and signature of any British Ambassador,
Envoy, Minister, Charge d'Affaires, Secretary of Embassy or of
Legation, Consul-General, Consul, Vice-Consul, Acting Consul, pro-
Consul,or Cousular Agent,in testmony of any such oath,affidavit,
affirmation,or act having been adfministered,aworn,affirmed,had,or
done by or before him under the Acts mentioned in the last preceding
section shall be admitted in evidence without proof of any such seal and
signature being the seal and signature of the person whose seal and sig-
nature the same purport to be or of the official character of such person.
26.In civil procedings-
(1.)entries in books of account kept in the course of business,with
such a reasonable degree of regularity as may be satisfactory to the
Court,shall be admissible in evidence,whenever they refer to a
matter into which the Court has to inquire,but shall not alone be
sufficient evidence to charge any person with liability;
(2.)The Hongkong Government Gazette and any Government Gazette
of any country,colony,or dependency in Her Majesty's Dominions
may be proved by the bare production thereof before the Court;
(3.)all proclamations,acts of state,whether legislative or executive,
niminations,appointments,and other official communications of the
government,appearing in any such Gazette,may be proved by the
production of such Gazette,and shall be prima facie proof of any
fact of a public nature which they were intended to notify;
(4.)the Court may,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.)books printed or published under the authority of the govern-
ment 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
(6.)all maps made under th eauthority of any government or of any
public municipal body,and not made for the purpose of any liti-
gated question,shall prima 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 the Court 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 what-
soever 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
within the Colony shall henceforth take judicial such signature is at-
teahed 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,affirmation,or declaration
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 in criminal proceedings on behalf
of the Crown ,is unable to produce at the trial of the prisoner or accused
person any person as a witness,in consequense of the death of such
person,or of his absence from the Colony,or of the 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 prisoner or accused person,or of his
being domiciled 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;and if it also appears that such person was exam-
ined 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,declaration,or warning was administered to,made by ,or
given to such person prior to his examination,and that the examination
was taken in the presence of the prisoner or accused person,and that he,
or his counsel or solicitor,was asked if he wished to cross-examine,and
had a full opportunity of cross-examining or did actually cross-examine,
such person,and that the examination 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 Supreme
Court,it shall be lawful for the Supreme Court,and it is hereby required,
to allow to be read and received in evidence in such prosecution so much
of the examination so taken as aforesaid as would have been admissible,
according to the law and practice of the said Court,if the said person
had been produced and examined before the said Court in the ordinary
and accustomed manner.
30.If the Attorney General,or other conducting a prosecu-
tion in criminal proceedings on behalf of the Crown,at the trial of any
accused person,applies to the Court for leave to read as evidence in such
prosecution the examination of any person,and it appears to the Court
that the depositions,including the examiantion of such person or a copy
thereof,are in the custody of the proper officer,and if it appears from the
perusal of such examination by the presiding Judge that such examina-
tion contains any statement to the effect,or from which it may fairly
and reasonable be inferred,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,
declaration,or warning was administered to,made by ,or given to such
person prior to his examination,and that the examintion was taken in
the presence of the prisoner or accused person,and that he,or his coun-
sel or solicitor,was asked if he wished to cross-examine,and had a full
opportunity of cross-examining or did actually cross-examine,such per-
son,and that the examination of such person was reduced into writing
and read over to 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 examiantion in evidence,without further proof
of the matters in this section 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 pur-
porting 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 par-
ticular examination of such person was not signed by the Magistrate or
other officer of Her Majesty as aforesaid,if it appears,in manner
aforesaid,that the depositions wherein such examination was included
were so signed.
32.Whereas it may happen that a person dangerously ill and inable
to travel may be able to give material and important information relat-
ing to an indictable or permissible to take,in accordance with the provi-
sions of section 29 and 30,the examination or deposition of the person so
being ill,so as to make the same availble as evidence in the event of
his death before the trial of the prisoner or accused person,and it is
desirable,in the interests of truth and justice,that means should be pro-
vided for perpetuating such testimony and for rendering the same avail-
able in the event of the death of such person,whenever it is made to
appear,to the satisfaction of any Magistrate or Justice of the Peace,that
any person dangerously ill,and,in the opinion of some registered medi-
cal practitioner,not likely to recover from such illness,is able and wil-
ling to give material information relating to an indictable offence or
to a person accused thereof and it is not practicable for any Magistrate
or other officer of Her Majesty as aforesaid to take an examination or
deposition,in accordance with the provisions of the said section 29 and
30,of the person so being ill,it shall be lawful for the said Magistrate
or any Justice of the Peace to take in writing the statement upon oath,
affirmation,or declaration of such person so being ill.and such Magis-
trate or Justice shall thereupon subscribe the same,and shall add thereto
by way of caption a statement of his reason for taking,and of the names
of the persons,if any,present at the taking thereof,and,if the same
relates to any indictable offence or for which any accused person is
already committed or bailed to appear for trial,shall transmit the same,
with the said addition,to the proper officer and in all other cases he shall
transmit the same to the Registrar of the Supreme Court,who is hereby
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 same statement is proved to be dead,or if it is
proved that there id no reasonable probability that such person will ever
be able to travel or to give evidence,it shall be lawful to read such
statement in evidence ,either for or against th eprisoner or accused per-
son,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 satisfaction of the Court,that reasonable
notice of the intention to take such statement has been served on the
person(whether prosecutor,or prisoner,or accused person)against
whom it is proposed to be read in evidence and that such person ,or his
counsel or solicitor,had or might have had,if he had chosen to be
present,full opportunity of cross-examining the deceased person who
made the same.
33.Whenever a prisoner in actual custody has been served with or
has received notice of an intention to take such statement as is mentioned
in the last preceding section,the Judge or Magistrate by whom th epri-
soner was committed,or the Visiting Justices of the prison in which he is
cinfined,may,by an order in writing,direct the gaoler having the cus-
tody of the prisoner to convey him to the place mentioned in the said
notice for the purpose of being present at the taking of the statement;
and such gaoler shall convey the prisoner accordingly,and the expenses,
if any,of such conveyance shall be paid out of the funds applicable to
the other expenses of the prison from which the prisoner has been con-
veyed.
34.All examinations in pursuance of the Oral Examination of Pri-
soners Ordinance,1873,by the committing Magistrate of any prisoner
or accused person who is thereafter committed for trial at any Criminal
Session of the Supreme Court shall be laid by the Judge as evidence
before the jury at the trial.
35.The answers given by any prisoner or accused person to any
questions put to him by the Judge suring the trial before the Supreme
Court in pursuance of the Oral Examination of Prisoners Ordinance,
1873,may be put in or treated as evidence in the case,in the discretion
of the Judge.
36.In case of proceedings with a view to committal for trial at the
Supreme Court,if,after the examination of all the witnesses on the part
of the prosecution has been completed beofre a Magistrate or other officer
of Her Majesty to whom the cognizance of the crime or offence apper-
tained,any voluntary statement is amde by the prisoner or accused
person before such Magistrate or officer of Her Majesty as aforesaid,it
shall be lawful for any Judge of the Supreme Court,and he is hereby
required,to allow such statement to be read and received in evidence at
such trial,on the presiding Judge being satisfied that the following con-
ditions have been on each case complied with,namely,-
(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,read or caused to be read,or ,where
necessary,translated or caused to be translated,to the prisoner or
accused person the depositions taken against him;
(2.)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,addressed to the prisoner or accused
person these words or words to the like effect:-'Having heard
the evidence,do you wish to say anything in answer 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 on your trial';
(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,gave the prisoner or accused person
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 what ever he then
said might be given in evidence against him on his trial,notwith-
standing such promise or threat;
(4.)that ehat the prisoner or accused perosn answered thereto was
taken down in writing and read over to him ;and
(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 proper officer,in the same manner as the depositions of the
witnesses which had been taken in the same manner;
Provided,nevertheless,that nothing herein contained shall prevent the
Attorney General,or other person conducting a prosecution in criminal
proceedings on behalf of the Crown,from giving in evidence any ad-
mission or confession or other statement of the prisoner or accused
person,made at any time,which by law would be admissible as evidence
against such person.
37.If the Attorney General,or other person conducting a prosecution
in criminal proceedings on behalf of the Crown,or the prisoner or accused
person of his counsel,at the trial of any prisoner or accused person,ap-
plies to the Court for leave to read as evidence in such prosecution the
statement of such person mentioned in the last preceding section,and it
appears to the Court that teh depositions,including the statement of such
person or a copy thereof,are in the custody of the proper officer,and if
such statement appears to have been duly taken in compliance with the
conditions mentioned in the last preceding section,then,if such state-
ment purpirts 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 men-
tiones in the said section,unless it is proved that such statement was
not duly taken or was not in fact signed by the Magistrate or officer
aforesaid purporting to sign the name.
PART IV.
COMMISSIONS TO TAKE EVIDENCE.
38.-(1.)Where,on an application for this purpose,it is made to
appear to the Supreme Court or any Judge thereof that any of Her Ma-
jesty's courts or tribunals of competent jurisdiction outside the Colony
has duly authorized,by commission,order,or other process,the obtain-
ing the testimony in or in relation to any civil proceedings pending in
or before such court or tribunal and within the jurisdiction of the
Supreme Court,it shall be lawful for the Supreme Court or any Judge
thereof to order the examination before the person or persons appointed,
and in manner and form directed by such commission,order,or other
process as aforesaid,of such witness or witnesses accordingly,so far as
not repugnant to the laws and practice of the Colony.
(2.)It shall be lawful for the said Court or any Judge thereof,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 pro-
ducing 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 said Court
or any Judge thereof in any action or other proceeding depending in the
said Court or before any Judge thereof.
39.-(1.)Where, on an application by summons for this purpose,it
is made to appear to the Supreme Court or any Judge thereof that any
court or tribunal of competent jurisdiction in a foreign country ,before
which any civil or commercial proceedings are pending,is desirous of
obtaining the testimony in relation to such proceedings of any witness
or witnesses within the jurisdiction of the Supreme Court,it shall be
lawful for the Supreme Court or any Judge thereof to order any person
or persons named in such order,or such witness or witnesses accord-
ingly.
(2.)It shall be lawful for the Supreme Court or any Judge thereof,
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 in like manner as an order
made by the Supreme Court or any Judge thereof in any action or other
proceeding depending in the Supreme Court or before any Judge thereof.
40.A certificate under the hand of the Ambassador,Minister,or
other Diplomatic Agent of any any Foreign State,received as such by the
Governor,or,in case there is no such Diplomatic Agent,then of the
Counsil-General or Council of any such Foreign State in the Colony,re-
ceived and admitted as such by the Governor,that any such proceed-
ings in relation to which an application is made under the last preced-
ing setion is a civil or commercial suit or matter pending before a court
or tribunal in the country of which he is the Diplomatic Agent or
Counsul-General or Counsul having jurisdiction in the proceedings so
pending,and that such court or tribunal is desires of obtaining the
testimony of the witness or witnesses to whom the application relates,
shall be evidence of the matters so certified;but where no asuch certi-
ficate 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-
(1.)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 at-
tendance at the trial or hearing of any action or other proceeding
before the Supreme Court;
(2.)that every person examined under any suhc commission,order,
or other process shall have the like right to refuse to anser ques-
tions tending to criminal himself and all such other questions to
which he 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,AFFIRMATIONS,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.If any person,not being a native of China,who is called as a
witness to give viva voce evidence,or is required or desires to make an
affidavit or deposition,in any proceedings refuses or is willing from
alleged conscientous motives to be sworn,it shall be lawful for the
Court or the person qualified to take affidavits or depositions,on being
satisfied of the sinerity of such objection,to permit such person instead
of being sworn to hive evidence or to make such affidavit or deposition
as aforesaid as follows:
(1.)in the case of viva voce evidence,he shall make the following
affirmation and decalration:-
'I,A.B., do solemnly,sincerely,and truly affirm and declare
that the taking of an oath is according to my religious belief unlaw-
ful;and I do solemnly,sincerely,and truly affirm and declare that
the evidence which I am about to give shall be the truth,the whole
truth,and nothing but the truth';and
(2.)in the case of an affidavit or deposition or other document
required to be sworn,he shall make ans subscribe the following
affirmation and declaration:
'I,A.B., do solemnly,sincerely,and truly affirm and declare
that the taking of an oath is according to my religious belief unlaw-
ful;and I do solemnly,sincerely,and truly affirm and declare'
etc.
44.Every person ,not being a Christian or of the Jewish relihion,
who is called as a witness to give viva voce evidence,or is required or de-
sires to make an affirdavit or deposition,in any proceedings shall in lieu
of an oath make his declaration,which shall be duly interpreted to every
witness who is ignorant of the English language,in the manner follow-
ing:-
(1.)in the case of viva voce evidence,he shall make the following
declaration:-
'I,A.B., do solemnly,sincerely,and truly declare that the
evidence which I am about to give shall be the truth,the whole
truth,and nothing but the truth';
(2.)in the case of an affidavit or deposition or other document re-
quired to be sworn,he shall make and subscribe the following
declaration:-
'I, A.B., do solemnly and sincerely declare that the contents of
this my affidavit [or information,or deposition,or testification,or
other document as the case may be] are true.'
45.Every affirmation and declaration or declaration alone shall be of
the same force and effect as on oath in the usual form.
PART VI.
PERJURY,ETC.
46.Every person making or subscribing any affirmation and decla-
ration or declaration who wilfully,falsely,and corruptly affirms,de-
clares,or subscibes any matter or thing which,if the same had been
sworn,would have amounted to wilful and corrupt perjury shall incur
the same penalties as by any law or Ordinance in force within the Colony
is or may be provided or enacted for the punishment of wilful and cor-
rupt perjury.
47.Where two or more contradictory statements of fact or alleged
fact,material to the issue or matter in question,have been wilfully and
knowingly made by one and the same witness in any proceedings before
the Court,whether at the same examination or at two or more examina-
tions,and whether before the same court or person or before any other
court or person,and whether the respective truth or falsehood of the
said statements can be ascertained or not,an indictment may be preferred
against him,charging him with having,on the day or days of his said
examination or examinations,wilfully and knowingly made the said
contradictory statements,and setting forth the short material purport
or effect thereof respectively,and,on conviction thereof,either in whole
or in part,such witness shall be liable to the penalties of perjury.
48.Every person who tenders in evidence in any proceedings in this
Colony any such affirdavit,affirmation,or notarial act as is mentioned or
referred to in section 19 which is proved to be false,knowing the
the same to be false,shall,on conviction thereof,be liable to the penalties
of perjury.
49.If any false document within the meaning of section 19 has been
tendered in evidence or the statements mentiones in section 47 or the
last of them have been so made before the Supreme Court or before a
Police Magistrate,such Court or Magistrate may,if it or he thinks fit,
either direct a prosecution of the same offence for perjury and commit
the offender,unless he gives bail,for trial at the next Criminal Session
of the Supreme Court,or treat the same as contempt of Court and forth-
with proceed summarily to punish the same either by fine not exceeding
for every such offence two hundred dollars or by imprisonment,with or
without hard labour,for any term nor exceeding six months,and such
punishment shall be in lieu of all other penalties.
50.If any officer who is authorized or require by this Ordinance to
furnish any certified copies or extracts wilfully certifies any document
as being a true copy or extracts,knowing that the same is not a true
copy or extract,as the case may be,he shall be guilty of a misdemeanor,
and,being convicted thereof,shall be liable to imprisonment for any term
not exceeding eighteen months.
51.-(1.)Every person who
(a.)forges the seal,stamp,or signature of any document mentioned
or referred to in this Ordinance;or
(b.)tenders in evidence any such document with a false or counter-
feit seal,stamp,or signatire thereof,knowing the same to be
false or counterfeit,
shall be guilty of felony,and,being convicted thereof,shall be liable to
imprisonment,with to without hard labour,for any term not exceeding
seven years and not less than one year.
(2.)Whenever any such documant 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 part against whom the same is so
admitted in evidence,direct that the same shall be impouded and be
kept in the custody of such officer of the court or other proper person,
for such period,and subject to such conditions as to the said court or
person may seem meet.
PART VII.
MISCELLANEOUS PROVISIONS.
52.-(1.)It shall be lawful for the Governor or any Judge of the
Supreme Court,in any case where he may see fit to do so,on application
by affidavit,to issue a warrant or order under his hand for bringing up
any prisoner or person confined in any gaol or prison or place in the
Colony 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 offence or to be examined
as a witness in any proceedings depending or to be inquired of or
determined in or before such Court,Judge,Magistrate,or judicature.
(2.)The person required by any such warrant or order to be so
brought before such Court,Judge,Magistrate,or other judicature shall
be so brought under the same care and custody,and be dealt with in
like manner in all respects,as a prisoner required by any writ of habeas
corpus awarded by the Supreme Court to be brought before the said
Court to be examined as a witness in any case or matter depening
before the said Court is now by law required to be dealt with. 53.Nothing in this Ordinance shall be construed to repeal any provision
contained in the Wills Act,1837, of the Imperial Parliament.
A.D. 1889. Ordinance No. 2 of 1889. Short title. Interpretation of terms. 14 & 125 Vict.c. 99 s. 16. Incompetency from immature age or unsoundness of mind. General rule as to admissibility of evidence of parties, etc. 14 & 15 Vict.c. 99 s. 2.; 16 & 17 Vict.c. 83 s. 1. Exception as to husband and wife in criminal proceedings. Ib.s.3; s.2. Privilege of communications between husband and wife. Ib.s.3. Witness not to be excluded from giving evidence by incapacity from crime or interest. 6 & 7 Vict.c.85 s. 1. Exception as to defendant in criminal proceedings, etc. 14 & 15 Vict.c. 99 s.3. 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 of marriage. Ib.s.2. Rule as to discrediting of his owner witness by party. 17 & 18 Vict.c. 125 s. 22; 28 & 29 Vict.c. 18 s.3. Proof of contradictory statement of adverse witness. 17 & 18 Vict.c. 125 s. 28; 38 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, except in certain cases. 17 & 18 Vict.c. 125 s. 26; 28 & 29 Vict.c. 18 s. 7. Comparison of disputed with genuine writing. Ib.s.27; s. 8. Copy of document of public nature. 14 & 15 Vict.c. 99 s. 14. Official document. 8 & 9 Vict.c. 113 s. 1. Use of affidavit, etc., taken before ambassador, etc., abroad. 18 & 19 Vict.c. 42 s. 2. Copy of entry in banker's book. 42 & 43 Vict.c. 11 ss. 3-6. Power to the Court or Judge to direct copies of entries in banker's book to be taken. Ib.ss. 7, 8. Exclusion of certain days from computation of time. 42 & 43 Vict.c. 11 s. 1.. Proof of foreign or colonial act of state, judgement, etc. 14 & 15 Vict.c. 99 s. 6. 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. Proof of various matters in civil proceedings. Admissibility of document filed in foreign court of consulate. Courts to take judicial notice of signature of Judge of Supreme Court, 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. What shall be deemed 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, after death of such person. 30 & 31 Vict.c. 35 s.6. Provision for prisoner being present at taking of statement. 30 & 31 Vict.c. 35 s. 7. Use of answers of prisoner before Magistrate. No. 5 of 1873. Use of answers of prisoner at trial. No. 5 of 1873. Reception in evidence of statement of accused person. 11 & 12 Vict.c. 42 s. 18. Prima facie proof of statement duly taken. Order for examination of witnesses in the Colony in relation to action pending before Court of Her Majesty. 22 Vict.c. 20 s. 1. Order for examination of witnesses in the Colony in relation to civil or commercial proceedings pending before foreign tribunal. 19 & 20 Vict.c. 113. s.1. Effect of certificate of Ambassador, etc., as evidence in support of application. 19 & 20 Vict.c. 113 s.2. Examination of witness under ss. 39 and 40. Ib.ss. 3, 4, 5; 22 Vict.c. 20 ss. 6, 3. Administration of oath by the Court. 14 & 15 Vict.c. 99 s. 16. Affirmation in lieu of oath. 17 & 18 Vict.c. 125 s. 20; 24 & 25 Vict.c. 125 s. 20; 24 & 25 Vict.c. 66 s. 1.Declaration by non-Christian or non-Jew in lieu of oath. Effect of affirmation, declaration, etc. Punishment of false affirmation or declaration. 17 & 18 Vict.c. 125 s. 24; 24 & 25 Vict.c. 66 s. 2. Liability of witness making contradictory statements to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Punishment for tendering in evidence false document or making contradictory statements of fact. See also Ordinance No. 3 of 1873 s. 31. Punishment of officer certifying false document. 14 & 15 Vict.c. 99 s. 15. Punishment of person forging seal, stamp, or signature of certain documents, etc. 8 & 9 Vict.c. 113 s. 4; 14 & 15 Vict. C. 99 s. 17; 17 & 18 Vict.c. 42 s. 5. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict.c. 30 s. 9. Saving as to Wills Act, 1837. 7 Will. 4 & 1 Vict.c. 26.
Abstract
A.D. 1889. Ordinance No. 2 of 1889. Short title. Interpretation of terms. 14 & 125 Vict.c. 99 s. 16. Incompetency from immature age or unsoundness of mind. General rule as to admissibility of evidence of parties, etc. 14 & 15 Vict.c. 99 s. 2.; 16 & 17 Vict.c. 83 s. 1. Exception as to husband and wife in criminal proceedings. Ib.s.3; s.2. Privilege of communications between husband and wife. Ib.s.3. Witness not to be excluded from giving evidence by incapacity from crime or interest. 6 & 7 Vict.c.85 s. 1. Exception as to defendant in criminal proceedings, etc. 14 & 15 Vict.c. 99 s.3. 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 of marriage. Ib.s.2. Rule as to discrediting of his owner witness by party. 17 & 18 Vict.c. 125 s. 22; 28 & 29 Vict.c. 18 s.3. Proof of contradictory statement of adverse witness. 17 & 18 Vict.c. 125 s. 28; 38 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, except in certain cases. 17 & 18 Vict.c. 125 s. 26; 28 & 29 Vict.c. 18 s. 7. Comparison of disputed with genuine writing. Ib.s.27; s. 8. Copy of document of public nature. 14 & 15 Vict.c. 99 s. 14. Official document. 8 & 9 Vict.c. 113 s. 1. Use of affidavit, etc., taken before ambassador, etc., abroad. 18 & 19 Vict.c. 42 s. 2. Copy of entry in banker's book. 42 & 43 Vict.c. 11 ss. 3-6. Power to the Court or Judge to direct copies of entries in banker's book to be taken. Ib.ss. 7, 8. Exclusion of certain days from computation of time. 42 & 43 Vict.c. 11 s. 1.. Proof of foreign or colonial act of state, judgement, etc. 14 & 15 Vict.c. 99 s. 6. 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. Proof of various matters in civil proceedings. Admissibility of document filed in foreign court of consulate. Courts to take judicial notice of signature of Judge of Supreme Court, 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. What shall be deemed 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, after death of such person. 30 & 31 Vict.c. 35 s.6. Provision for prisoner being present at taking of statement. 30 & 31 Vict.c. 35 s. 7. Use of answers of prisoner before Magistrate. No. 5 of 1873. Use of answers of prisoner at trial. No. 5 of 1873. Reception in evidence of statement of accused person. 11 & 12 Vict.c. 42 s. 18. Prima facie proof of statement duly taken. Order for examination of witnesses in the Colony in relation to action pending before Court of Her Majesty. 22 Vict.c. 20 s. 1. Order for examination of witnesses in the Colony in relation to civil or commercial proceedings pending before foreign tribunal. 19 & 20 Vict.c. 113. s.1. Effect of certificate of Ambassador, etc., as evidence in support of application. 19 & 20 Vict.c. 113 s.2. Examination of witness under ss. 39 and 40. Ib.ss. 3, 4, 5; 22 Vict.c. 20 ss. 6, 3. Administration of oath by the Court. 14 & 15 Vict.c. 99 s. 16. Affirmation in lieu of oath. 17 & 18 Vict.c. 125 s. 20; 24 & 25 Vict.c. 125 s. 20; 24 & 25 Vict.c. 66 s. 1.Declaration by non-Christian or non-Jew in lieu of oath. Effect of affirmation, declaration, etc. Punishment of false affirmation or declaration. 17 & 18 Vict.c. 125 s. 24; 24 & 25 Vict.c. 66 s. 2. Liability of witness making contradictory statements to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Liability of person tendering false affidavit, etc., to penalties of perjury. Punishment for tendering in evidence false document or making contradictory statements of fact. See also Ordinance No. 3 of 1873 s. 31. Punishment of officer certifying false document. 14 & 15 Vict.c. 99 s. 15. Punishment of person forging seal, stamp, or signature of certain documents, etc. 8 & 9 Vict.c. 113 s. 4; 14 & 15 Vict. C. 99 s. 17; 17 & 18 Vict.c. 42 s. 5. Warrant or order to bring up prisoner to give evidence. 16 & 17 Vict.c. 30 s. 9. Saving as to Wills Act, 1837. 7 Will. 4 & 1 Vict.c. 26.
Identifier
https://oelawhk.lib.hku.hk/items/show/645
Edition
1901
Volume
v1
Subsequent Cap No.
8
Cap / Ordinance No.
No. 2 of 1889
Number of Pages
18
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EVIDENCE ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/645.
