LAW OF EVIDENCE ORDINANCE
Title
LAW OF EVIDENCE ORDINANCE
Description
Law of Evidence.
No. 3 of 1852.
An Ordinance to amend the law of Evidence.
[29th June, 1852.]
WHEREAS it is expedient to amend the law of evidence in certain
particulars:
Parties to be, ~1 ~11. 13e it therefore enacted and ordained by Isis
Excellency the Acting Governor
vdmisafblo wit
nesgeR. of Hongkong, with the advice of the Legislative Council thereof,
that on the trial of
any issue joined, or of any matter or question, or on any enquiry arising
in any suit,
action, or other proceeding in the Supreme Court, or befofe any person
having, by
law, or by consent of parties, authority to hear, receive, and examine
evidence with
respect to, or concerning any snit, action, or other proceeding, the
parties thereto, and
ORDINANCE 'No. 3 of 1852.
Zazwt?f Evidence.
the persons in whose behalf any such suit, action, or other proceeding,
may be brought
-or defended, shall, except as hereinafter excepted, be competent and
compellable to
give evidence, either vivt& voce or by deposition, according to the
practice of the Courts,
-on behalf of either or any of the parties to the said suit, action, or
other proceeding.
2. But nothing herein contained shall render any person who in any
crimiilal
proceeding is charged with the commission of any indictable offence, or
any offence
punishable on summary conviction, competent or compellable to give
evidence for or
against himself or herself, or shall render any person compellable to
answer any
question tending to criminate himself or herself, or shall in any
criminal proceeding
render any husband competent or compellable to give evidence for or
against his wife,
or any wife competent or compellable to give evidence for or against her
husband.
3. Nothing herein contained shall apply to any action, suit or proceeding
instituted
in consequence of adultery, or to any action for breach of promise of
marriage.
4. Whenever any action or other legal proceeding shall henceforth be
pending in
the Supreme Court, such Court may, on application made for such purposes
by either
of the litigants, compel the opposite party to allow the party making the
application
to inspect all documents in the custody or under the control of such
opposite party
relating to such action or other legal proceeding, and, if necessary, to
take examined
copies of the same, or to procure the same to be duly stamped, in all
cases in which,
previous to the publishing of this Ordinance, a discovery alight have
been obtained
by filing a bill, or by any other proceeding in a Court of Equity at the
instance of the
party so making application as aforesaid to the said Court; provided
always, that every
such application shall be made as aforesaid before issue joined in any
such action, and
twenty-one days before the trial or hearing of any other legal proceeding.
6. All Proclamations, Treaties, and other Acts of State of any Foreign
State, or of
the East India Company, or .of any territory under the Government of tile
East India
Company, or of any British Colony, and all judgments, decrees, orders,
and other
udicial proceedings of any Court of Justice in any Foreign State, or in
any of the
territories under the Government of the East India Company, or in any
British Colony,
.and all affidavits, pleadings, and other legal documents filed or
deposited in any such
Court, may be proved in the Supreme Court, or before any person having,
by law or by
consent of parties, authority to hear, receive, and examine evidence as
aforesaid, either
by examined copies, or by copies authenticated as hereinafter .mentioned;
that is to
say, if the document sought to be proved be 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 of the East India Company, or of
the territory
under the Government of the East India Company, or of the British Colony
to which
the original document belongs; and if the document sought to be proved be
a
judgment, decree, order, or other judicial proceeding of any Foreign or
Colonial Court,
,or of any Court within the territories under the Government of the East
India
Company, or an affidavit, glekNding, or other legal document filed or
deposited in any
Notldng herein
to compel person
charged with
criminal offence
to give evidence
tending to cr-imi-
aate himsel, &e.
Not to apply to
proceedings itt
consequence of
adultery, &c.
Common Law
courts authoriz-
ed to compel
inspection of
documents when-
ever equity
would grant dis-
covery.
Foreign and Co-
lonial Acts of
State, judgments
&c. provable by
certified copies
without proof of
seal or signature
or judicial char-
acter of person
signing the same-
ORDINANCE No. 3 or 182.
Law of Evidence.
such Court, the authenticated copy, to be admissible in evidence, must
purport either'
to be sealed with the seal of the Foreign or Colonial Court, or Court
within the-
territories under the Government of the East India Company to which the
original
document belongs; or in the event of such Court liaving no seal, to be
signed by the-
Judge; or if there be more than one Judge, by any one of the Judges of
the said Court;:
and such Judge shall attach to his signature a statement in writing on
the said copy
that the Court whereof he is a Judge has no seal; but if any of the
aforesaid
authenticated copies shall purport to be sealed or signed as hereinbefore
respectively
directed, the same shall respectively be admitted in evidence in every
case in which
the original documents could have been received in evidence, without any
proof of the-
seal, where a seal is necessary, or of the signature, or the truth of the
statement attached
thereto, where such signature and statement are necessary, or of the
judicial character
o£ the person appealing to have made such signature and statement.
6. Every register of a vessel may be proved in any of Her Majesty's
Courts of'
Justice, or before any person having, by law or by consent of parties,
authority to hear,
receive, and examine evidence as aforesaid, either by the production o£
the original, or-
by an examined copy thereof, or by a copy thereof purporting to be
certified under the,
hand of the person having the charge of the original; and such person is
hereby
required to furnish such certified copy to any person applying at a
reasonable time for-
the same, upon payment of the sum of ono dollar; and every such register
or such
copy of a register, and also overt' certificate of registry granted under
any of the gets.
of Parliament relating to the registry of British vessels, and purporting
to be signed as.
required by law, shall be received in evidence in any Court 'of Justice,
or before any
person having by law or by consent of parties, authority to hear,
receive, and examine-
eviclonce as aforesaid, as privacc facie proof of all the matters
contained or recited in
such register, whoa the register, or sucli copy thereof as aforesaid, is
produced, and of
all the matters contained or recited in or endorsed on such certificate
of registry, when
the said certificate is produced. t
7. Whenever in any proceeding whatever it may be necessary to prove the
trial-
aud conviction or acquittal of any person charged with any indictable
offence, it shall
not be necessary to produce the record of the conviction or acquittal of
such person, or-
a copy thereof, but it shall be sufficient that it be certified, or
purport to be certified,.
under the hand of the tier); of the Court, or other officer having the
custody of the
records of the Court, where such conviction or acquittal took place, or
by the deputy of
such clerk or other officer, that tile paper produced is a copy of the
record of the -
in<lictmeul, trial, conviction, and judgment, or acquittal, as the case
may be, omitting
the formal parts thereof.
8. jVhenever any book or other document is of such public nature as to be
aa-.-
inissible in evidence on its mere production from the proper custody, any
copy thereof,.
or extract therefrom, shall be admissible in evidence in the Supreme
Court, or .before-
any person now or hereafter liaviug, by law or by consent of parties,
authority to bear.-
Registers of
vessels and certi.
ficates of regis-
try admissible as
-Prim(l facie evi-
dence of their
contents, &
~ Opw. xo: 8 Of
8S,01 Sec. 8.1
Where necessary
to prow acquittal
or conviction of
person charged,
not necessary to
prodaco record,
but may be pro'
duced under
hand of c-I<.rh of
7a;nnLmtion nr
certified Collie., of
a,lt,aent4 ., n-
missiL~e;n eci-
aeltae.
ORDINANCE No. 3 or 1852.
Law of Evidence.
receive, and examine evidence as aforesaid; provided it be proved to be
an examined
copy or extract, or provided it purports to be signed and certified as a
true copy or
extract by the officer to whose custody the original is entrusted, and
which officer is
hereby required to furnish such certified copy or extract to any person
applying at a
reasonable time for the same, upon payment of a reasonable sum for the
same, not ex-
ceeding twenty-five cents for every folio of ninety words.
9. If any officer authorized or required by this Ordinance to furnish any
certified cerU~yb,g a firlse
document zI tnis-
copies or extracts, shall wilfully certify any document as being a true
copy or extract, rlcn,ennnnr.
knowing that the same is not a true copy or extract, as the case may be,
he shall be
guilty of a misdemeanour, and be liable, upon conviction, to imprisonment
for any
term not exceeding eighteen months.
10. The Supreme Court, and every Judge, Justice, Officer, Commissioner,
Arbi- court, ,ce,ttnty
trator, or other person, now or hereafter having, by law or by consent of
parties,
authority to bear, receive, and examine evidence with respect to or
concerning any
suit, action, or other proceeding, is hereby empowered to administer an
oath to all
such witnesses as are legally called before them respectively.
11. If any person shall forge the seal, stamp, or signature of any
document in
this Ordinance mentioned or referred to, or shall tender in evidence any
such docu-
ment with a false or counterfeit seal, stamp, or signature thereto,
knowing the same
to be false or counterfeit, he shall be guilty of felony, and shall, upon
conviction, be
liable to transportation for seven years, or to imprisonment for any torm
not exceeding
three years, nor less than one year with hard labour; and whenever any
such document
shall have been admitted in evidence by virtue of this Ordinance, the
Court or the
person who shall have admitted the same, inay, at the request of any
party against
whom the same is so admitted in evidence, direct that the same shall be
impounded
and be kept in the custody of some officer of the Court or other proper
person, for such
period, and subject to such conditions, as to the said Court or person
shall seem meet;
and every person who shall be charged with committing any felony under
this Ordi-
nance, may be dealt with, indicted, tried, and, if convicted, sentenced,
and his offence
may be laid and charged to have been committed in the place in which he
shall be
apprehended or be in custody; and every accessory before or after the
fact to any such
offence may be dealt with, indicted, tried, and, if convicted, sentenced,
and his offence
may be laid and charged to have been committed in any place in which the
principal
offender may be tried.
1
12. Nothing herein contained shall repeal any provision contained in
chapter Nothing lrerrein
to interfere with
twenty-six of the Statute passed in the Session of Parliament holden in
the seventh lrtm of 10118.
,year of the reign of King William the Fourth and the first year of the
reign of Her
present Majesty.
mltnlttistcr nntVs.
[See Ord, .\'p. 2
n% 186(
Pcrmoi;~ forging
xenl, uhnlp, or
nfgnntnre e#' cer_
loin <lecnmenta,
pr w1ltYtlly utter-
ing some, guilty
of f'eleny.
[Repealed ly/ Ordinagzce No. 2 of 1889.'
264
Title.
Preamble.
Parties to be admissible witnesses.
Nothing herein to compel person charged with criminal offence to give evidence tending to criminate himself, &c.
Not to apply to proceedings in consequence of adultery, &c.
Common Law Courts authorized to compel inspection of documents whenever equity would grant discovery.
Foreign and Colonial Acts of State, judgments &c. provable by certified copies without proof of seal or signature or judicial character of person signing the same.
Registers of vessels and certificates of registry admissible as prima facie evidence of their contents, &c. [See Ord. No. 8 of 1879 Sec. 3.]
Where necessary to prove acquittal or conviction of person charged, not necessary to produce record, but may be produced under hand of clerk of Court.
Examination or certified copies of documents admissible in evidence.
Certifying a false document a misdemeanour.
Court, &c., may administer oaths. [See Ord. No. 2 of 1860.]
Perosns forging seal, stamp, or signature of certain documents, or wilfully uttering same, guilty of felony.
Nothing herein to interfere with law of wills.
No. 3 of 1852.
An Ordinance to amend the law of Evidence.
[29th June, 1852.]
WHEREAS it is expedient to amend the law of evidence in certain
particulars:
Parties to be, ~1 ~11. 13e it therefore enacted and ordained by Isis
Excellency the Acting Governor
vdmisafblo wit
nesgeR. of Hongkong, with the advice of the Legislative Council thereof,
that on the trial of
any issue joined, or of any matter or question, or on any enquiry arising
in any suit,
action, or other proceeding in the Supreme Court, or befofe any person
having, by
law, or by consent of parties, authority to hear, receive, and examine
evidence with
respect to, or concerning any snit, action, or other proceeding, the
parties thereto, and
ORDINANCE 'No. 3 of 1852.
Zazwt?f Evidence.
the persons in whose behalf any such suit, action, or other proceeding,
may be brought
-or defended, shall, except as hereinafter excepted, be competent and
compellable to
give evidence, either vivt& voce or by deposition, according to the
practice of the Courts,
-on behalf of either or any of the parties to the said suit, action, or
other proceeding.
2. But nothing herein contained shall render any person who in any
crimiilal
proceeding is charged with the commission of any indictable offence, or
any offence
punishable on summary conviction, competent or compellable to give
evidence for or
against himself or herself, or shall render any person compellable to
answer any
question tending to criminate himself or herself, or shall in any
criminal proceeding
render any husband competent or compellable to give evidence for or
against his wife,
or any wife competent or compellable to give evidence for or against her
husband.
3. Nothing herein contained shall apply to any action, suit or proceeding
instituted
in consequence of adultery, or to any action for breach of promise of
marriage.
4. Whenever any action or other legal proceeding shall henceforth be
pending in
the Supreme Court, such Court may, on application made for such purposes
by either
of the litigants, compel the opposite party to allow the party making the
application
to inspect all documents in the custody or under the control of such
opposite party
relating to such action or other legal proceeding, and, if necessary, to
take examined
copies of the same, or to procure the same to be duly stamped, in all
cases in which,
previous to the publishing of this Ordinance, a discovery alight have
been obtained
by filing a bill, or by any other proceeding in a Court of Equity at the
instance of the
party so making application as aforesaid to the said Court; provided
always, that every
such application shall be made as aforesaid before issue joined in any
such action, and
twenty-one days before the trial or hearing of any other legal proceeding.
6. All Proclamations, Treaties, and other Acts of State of any Foreign
State, or of
the East India Company, or .of any territory under the Government of tile
East India
Company, or of any British Colony, and all judgments, decrees, orders,
and other
udicial proceedings of any Court of Justice in any Foreign State, or in
any of the
territories under the Government of the East India Company, or in any
British Colony,
.and all affidavits, pleadings, and other legal documents filed or
deposited in any such
Court, may be proved in the Supreme Court, or before any person having,
by law or by
consent of parties, authority to hear, receive, and examine evidence as
aforesaid, either
by examined copies, or by copies authenticated as hereinafter .mentioned;
that is to
say, if the document sought to be proved be 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 of the East India Company, or of
the territory
under the Government of the East India Company, or of the British Colony
to which
the original document belongs; and if the document sought to be proved be
a
judgment, decree, order, or other judicial proceeding of any Foreign or
Colonial Court,
,or of any Court within the territories under the Government of the East
India
Company, or an affidavit, glekNding, or other legal document filed or
deposited in any
Notldng herein
to compel person
charged with
criminal offence
to give evidence
tending to cr-imi-
aate himsel, &e.
Not to apply to
proceedings itt
consequence of
adultery, &c.
Common Law
courts authoriz-
ed to compel
inspection of
documents when-
ever equity
would grant dis-
covery.
Foreign and Co-
lonial Acts of
State, judgments
&c. provable by
certified copies
without proof of
seal or signature
or judicial char-
acter of person
signing the same-
ORDINANCE No. 3 or 182.
Law of Evidence.
such Court, the authenticated copy, to be admissible in evidence, must
purport either'
to be sealed with the seal of the Foreign or Colonial Court, or Court
within the-
territories under the Government of the East India Company to which the
original
document belongs; or in the event of such Court liaving no seal, to be
signed by the-
Judge; or if there be more than one Judge, by any one of the Judges of
the said Court;:
and such Judge shall attach to his signature a statement in writing on
the said copy
that the Court whereof he is a Judge has no seal; but if any of the
aforesaid
authenticated copies shall purport to be sealed or signed as hereinbefore
respectively
directed, the same shall respectively be admitted in evidence in every
case in which
the original documents could have been received in evidence, without any
proof of the-
seal, where a seal is necessary, or of the signature, or the truth of the
statement attached
thereto, where such signature and statement are necessary, or of the
judicial character
o£ the person appealing to have made such signature and statement.
6. Every register of a vessel may be proved in any of Her Majesty's
Courts of'
Justice, or before any person having, by law or by consent of parties,
authority to hear,
receive, and examine evidence as aforesaid, either by the production o£
the original, or-
by an examined copy thereof, or by a copy thereof purporting to be
certified under the,
hand of the person having the charge of the original; and such person is
hereby
required to furnish such certified copy to any person applying at a
reasonable time for-
the same, upon payment of the sum of ono dollar; and every such register
or such
copy of a register, and also overt' certificate of registry granted under
any of the gets.
of Parliament relating to the registry of British vessels, and purporting
to be signed as.
required by law, shall be received in evidence in any Court 'of Justice,
or before any
person having by law or by consent of parties, authority to hear,
receive, and examine-
eviclonce as aforesaid, as privacc facie proof of all the matters
contained or recited in
such register, whoa the register, or sucli copy thereof as aforesaid, is
produced, and of
all the matters contained or recited in or endorsed on such certificate
of registry, when
the said certificate is produced. t
7. Whenever in any proceeding whatever it may be necessary to prove the
trial-
aud conviction or acquittal of any person charged with any indictable
offence, it shall
not be necessary to produce the record of the conviction or acquittal of
such person, or-
a copy thereof, but it shall be sufficient that it be certified, or
purport to be certified,.
under the hand of the tier); of the Court, or other officer having the
custody of the
records of the Court, where such conviction or acquittal took place, or
by the deputy of
such clerk or other officer, that tile paper produced is a copy of the
record of the -
in<lictmeul, trial, conviction, and judgment, or acquittal, as the case
may be, omitting
the formal parts thereof.
8. jVhenever any book or other document is of such public nature as to be
aa-.-
inissible in evidence on its mere production from the proper custody, any
copy thereof,.
or extract therefrom, shall be admissible in evidence in the Supreme
Court, or .before-
any person now or hereafter liaviug, by law or by consent of parties,
authority to bear.-
Registers of
vessels and certi.
ficates of regis-
try admissible as
-Prim(l facie evi-
dence of their
contents, &
~ Opw. xo: 8 Of
8S,01 Sec. 8.1
Where necessary
to prow acquittal
or conviction of
person charged,
not necessary to
prodaco record,
but may be pro'
duced under
hand of c-I<.rh of
7a;nnLmtion nr
certified Collie., of
a,lt,aent4 ., n-
missiL~e;n eci-
aeltae.
ORDINANCE No. 3 or 1852.
Law of Evidence.
receive, and examine evidence as aforesaid; provided it be proved to be
an examined
copy or extract, or provided it purports to be signed and certified as a
true copy or
extract by the officer to whose custody the original is entrusted, and
which officer is
hereby required to furnish such certified copy or extract to any person
applying at a
reasonable time for the same, upon payment of a reasonable sum for the
same, not ex-
ceeding twenty-five cents for every folio of ninety words.
9. If any officer authorized or required by this Ordinance to furnish any
certified cerU~yb,g a firlse
document zI tnis-
copies or extracts, shall wilfully certify any document as being a true
copy or extract, rlcn,ennnnr.
knowing that the same is not a true copy or extract, as the case may be,
he shall be
guilty of a misdemeanour, and be liable, upon conviction, to imprisonment
for any
term not exceeding eighteen months.
10. The Supreme Court, and every Judge, Justice, Officer, Commissioner,
Arbi- court, ,ce,ttnty
trator, or other person, now or hereafter having, by law or by consent of
parties,
authority to bear, receive, and examine evidence with respect to or
concerning any
suit, action, or other proceeding, is hereby empowered to administer an
oath to all
such witnesses as are legally called before them respectively.
11. If any person shall forge the seal, stamp, or signature of any
document in
this Ordinance mentioned or referred to, or shall tender in evidence any
such docu-
ment with a false or counterfeit seal, stamp, or signature thereto,
knowing the same
to be false or counterfeit, he shall be guilty of felony, and shall, upon
conviction, be
liable to transportation for seven years, or to imprisonment for any torm
not exceeding
three years, nor less than one year with hard labour; and whenever any
such document
shall have been admitted in evidence by virtue of this Ordinance, the
Court or the
person who shall have admitted the same, inay, at the request of any
party against
whom the same is so admitted in evidence, direct that the same shall be
impounded
and be kept in the custody of some officer of the Court or other proper
person, for such
period, and subject to such conditions, as to the said Court or person
shall seem meet;
and every person who shall be charged with committing any felony under
this Ordi-
nance, may be dealt with, indicted, tried, and, if convicted, sentenced,
and his offence
may be laid and charged to have been committed in the place in which he
shall be
apprehended or be in custody; and every accessory before or after the
fact to any such
offence may be dealt with, indicted, tried, and, if convicted, sentenced,
and his offence
may be laid and charged to have been committed in any place in which the
principal
offender may be tried.
1
12. Nothing herein contained shall repeal any provision contained in
chapter Nothing lrerrein
to interfere with
twenty-six of the Statute passed in the Session of Parliament holden in
the seventh lrtm of 10118.
,year of the reign of King William the Fourth and the first year of the
reign of Her
present Majesty.
mltnlttistcr nntVs.
[See Ord, .\'p. 2
n% 186(
Pcrmoi;~ forging
xenl, uhnlp, or
nfgnntnre e#' cer_
loin <lecnmenta,
pr w1ltYtlly utter-
ing some, guilty
of f'eleny.
[Repealed ly/ Ordinagzce No. 2 of 1889.'
264
Title.
Preamble.
Parties to be admissible witnesses.
Nothing herein to compel person charged with criminal offence to give evidence tending to criminate himself, &c.
Not to apply to proceedings in consequence of adultery, &c.
Common Law Courts authorized to compel inspection of documents whenever equity would grant discovery.
Foreign and Colonial Acts of State, judgments &c. provable by certified copies without proof of seal or signature or judicial character of person signing the same.
Registers of vessels and certificates of registry admissible as prima facie evidence of their contents, &c. [See Ord. No. 8 of 1879 Sec. 3.]
Where necessary to prove acquittal or conviction of person charged, not necessary to produce record, but may be produced under hand of clerk of Court.
Examination or certified copies of documents admissible in evidence.
Certifying a false document a misdemeanour.
Court, &c., may administer oaths. [See Ord. No. 2 of 1860.]
Perosns forging seal, stamp, or signature of certain documents, or wilfully uttering same, guilty of felony.
Nothing herein to interfere with law of wills.
Abstract
264
Title.
Preamble.
Parties to be admissible witnesses.
Nothing herein to compel person charged with criminal offence to give evidence tending to criminate himself, &c.
Not to apply to proceedings in consequence of adultery, &c.
Common Law Courts authorized to compel inspection of documents whenever equity would grant discovery.
Foreign and Colonial Acts of State, judgments &c. provable by certified copies without proof of seal or signature or judicial character of person signing the same.
Registers of vessels and certificates of registry admissible as prima facie evidence of their contents, &c. [See Ord. No. 8 of 1879 Sec. 3.]
Where necessary to prove acquittal or conviction of person charged, not necessary to produce record, but may be produced under hand of clerk of Court.
Examination or certified copies of documents admissible in evidence.
Certifying a false document a misdemeanour.
Court, &c., may administer oaths. [See Ord. No. 2 of 1860.]
Perosns forging seal, stamp, or signature of certain documents, or wilfully uttering same, guilty of felony.
Nothing herein to interfere with law of wills.
Title.
Preamble.
Parties to be admissible witnesses.
Nothing herein to compel person charged with criminal offence to give evidence tending to criminate himself, &c.
Not to apply to proceedings in consequence of adultery, &c.
Common Law Courts authorized to compel inspection of documents whenever equity would grant discovery.
Foreign and Colonial Acts of State, judgments &c. provable by certified copies without proof of seal or signature or judicial character of person signing the same.
Registers of vessels and certificates of registry admissible as prima facie evidence of their contents, &c. [See Ord. No. 8 of 1879 Sec. 3.]
Where necessary to prove acquittal or conviction of person charged, not necessary to produce record, but may be produced under hand of clerk of Court.
Examination or certified copies of documents admissible in evidence.
Certifying a false document a misdemeanour.
Court, &c., may administer oaths. [See Ord. No. 2 of 1860.]
Perosns forging seal, stamp, or signature of certain documents, or wilfully uttering same, guilty of felony.
Nothing herein to interfere with law of wills.
Identifier
https://oelawhk.lib.hku.hk/items/show/72
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 3 of 1852
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LAW OF EVIDENCE ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/72.
