176
#
THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 7, 1941.
No. 147.
COLONIAL SECRETARY'S DEpartment.
In exercise of the powers conferred by the Emergency Powers (Defence) Acts, 1939 and 1940, as applied to this Colony by the Emergency Powers (Colonial Defence) Order in Council, 1939, and the Emergency Powers (Colonial Defence) (Amendment) Order in Council, 1940, His Excellency the Officer Administering the Government makes the following regulations-
The Evidence Ordinance, 1889, Amendment
Regulations, 1941.
1. These regulations may be cited as The Evidence Ordinance, 1889, Amendment Regulations, 1941.
2. The Evidence Ordinance, 1889, as amended by the Evidence Amendment Ordinance, 1939, is further amended by the insertion of the following section immediately after section 28F thereof-
28G. (1) In any criminal proceedings-
Proof in criminal pro- ceedings of
documents
(a) a certificate certifying that any document or docu- ments annexed to, or otherwise identified by, the certificate intercepted constituted or formed part of a postal packet which was in post. examined by an authorized examiner on a date specified therein, or
(b) a certificate certifying that any photographic copy or copies so annexed or identified is or are a true copy or true copies of any document or documents which constituted or formed part of such a postal packet as aforesaid,
shall, if purporting to be signed by a person being a com- petent officer, be admissible as evidence of the matters so certified, without proof of the signature of that person or of his official capacity.
(2) In this section-
66
(a) authorized examiner
means a person authorized by or on behalf of the Governor to examine postal packets which have been despatched by post, and includes a person so authorized by His Majesty or the Government of any British possession;
<<
(b) competent officer" in relation to this Colony means the censor, and in relation to any other place means any person holding an appointment or office concerned with the examination of postal packets specified in any Order of His Majesty in Council under sub-section (2) (c) of section 2 of the Evidence and Powers of Attorney Act, 1940, for the 3 & 4 Geo. 6, time being in force;
""
وو
(c) document includes an envelope or other outer covering of a postal packet;
c. 28.
(d) "postal packet has the same meaning as in the Ordinance Post Office Ordinance, 1926.
Published by His Excellency's Command.
No. 7 of 1926.
N. L. SMITH,
Colonial Secretary,
5th February, 1941.
A