CRIMINAL PROCEDURE -- EVIDENCE ORDINANCE
Title
CRIMINAL PROCEDURE -- EVIDENCE ORDINANCE
Description
Criminal Procedure-Evidence.
No. 1 of 1851.
An Ordinance for the Improveinent of the Law of Evidence at the Trial
of Criminal Cases before the Supreme Court.
[3rd January, 1851.]
'WHEREAS, after the committal for trial of prisoners in this Colony, and
before the It'etltt
time of such trial being bad, they have, as is generally apprebended, in
many
instances during such interval by force or bribery removed material Crown
witnesses
from out of the Colony to the mainland of China; and as it is expedient
not only for
the more effectual administration of justice but also for the protection
of such witnesses,
that provision should be made for the counteracting such practices:
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that from
and after the
passing of this Ordinance, whenever it sball appear to the said Court,
that the persons
conducting any criminal prosecution on behalf of the Crown have been
unable to
summon any person to attend as a witness on any such trial by reason of
such person
having left or being absent from the Colony, or if it shall so appear
that any such
person, having been duly summoned as a witness, shall have departed from
the Colony
before the trial, it may be lawful for the said Court to direct, on being
satisfied of such
fact or facts (namely, absence and the consequent inability to effect the
service of
summons or subpmna on the witness, or t0 obtain his or her attendance at
the trial after
such service,) that the deposition of every such witness duly taken
before or on the
committal of any prisoner may be read as evidence against biro, her, or
them at such
trial, as if the same were again given vint voce.
[Repealed by Ordinance No. 15 of 1856 (disallowed) and by Ordinance No. 7 of 1857.]
249
Title.
Preamble.
Crown witness absent from the Colony, Supreme Court may direct his deposition to be read as evidence at trial
under certain circumstances.
No. 1 of 1851.
An Ordinance for the Improveinent of the Law of Evidence at the Trial
of Criminal Cases before the Supreme Court.
[3rd January, 1851.]
'WHEREAS, after the committal for trial of prisoners in this Colony, and
before the It'etltt
time of such trial being bad, they have, as is generally apprebended, in
many
instances during such interval by force or bribery removed material Crown
witnesses
from out of the Colony to the mainland of China; and as it is expedient
not only for
the more effectual administration of justice but also for the protection
of such witnesses,
that provision should be made for the counteracting such practices:
1. Be it therefore enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, that from
and after the
passing of this Ordinance, whenever it sball appear to the said Court,
that the persons
conducting any criminal prosecution on behalf of the Crown have been
unable to
summon any person to attend as a witness on any such trial by reason of
such person
having left or being absent from the Colony, or if it shall so appear
that any such
person, having been duly summoned as a witness, shall have departed from
the Colony
before the trial, it may be lawful for the said Court to direct, on being
satisfied of such
fact or facts (namely, absence and the consequent inability to effect the
service of
summons or subpmna on the witness, or t0 obtain his or her attendance at
the trial after
such service,) that the deposition of every such witness duly taken
before or on the
committal of any prisoner may be read as evidence against biro, her, or
them at such
trial, as if the same were again given vint voce.
[Repealed by Ordinance No. 15 of 1856 (disallowed) and by Ordinance No. 7 of 1857.]
249
Title.
Preamble.
Crown witness absent from the Colony, Supreme Court may direct his deposition to be read as evidence at trial
under certain circumstances.
Abstract
249
Title.
Preamble.
Crown witness absent from the Colony, Supreme Court may direct his deposition to be read as evidence at trial
under certain circumstances.
Title.
Preamble.
Crown witness absent from the Colony, Supreme Court may direct his deposition to be read as evidence at trial
under certain circumstances.
Identifier
https://oelawhk.lib.hku.hk/items/show/66
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1851
Number of Pages
1
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL PROCEDURE -- EVIDENCE ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/66.
