THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.
4. In cases where the right of reply depends upon the Right of question whether evidence has been called for the defence reply. the fact that the person charged has been called as a
(hid s. 3). witness shall not of itself confer on the prosecution the right of reply.
5. (1) The wife or husband of a person charged with an Calling of offence under any enactment mentioned in the Schedule to wife or hus- this Ordinance may be called as a witness either for the band in cer-
tain cases. prosecntion or defence and without the consent of the
(Ibid s. person charged.
(2) Nothing in this Ordinance shall affect a ense where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person.
s. 1).
6. This Ordinance shall apply to all criminal pro- Provision as ceedings, notwithstanding any enactment in forec at the to previous commencement of this Ordinance.
Ordinances. (Ibid s. 6).
SCHEDULE.
Enactments referrel to. [s. 5 (1).]
No. of Ordinance.
Short Title.
Kiractments
referred to.
(1) 4 of 1897,
The Protection of Women and The whole Ordin-
Girls Ordinance. 1897.
(2) 10 of 1905,
The Married Women (Main-
auce.
D.
(8) 5 of 1906,
tenanez in eise of Desertion)
Ordinance. 1905.
The Married Women's Proper. | Sve. 16 und see.
ty Ordinance, 1998.
21.
1701
Objects and Reasons,
The object of this Ordinance is to introduce into the law of this Colony relating to evidence in Criminal Cases the amendment made in the law of England by the Imperial enactment 61 & 62 Victoria Cap. 36, by which in all Criminal proceedings un agensed person and the wife or husband, as the case may be, of such person are made competent witnesses for the defence at every stage of the proceedings whether the acensed is charged
dely Or jointly with some other person.
The wife or husband can be called only on the applien- tion of the accused, except in the case of offences against the Ordinances specified in the Schedule: in cases coming under those ordinances the husband or wife of an accused can be called either for the prosecution or for the defence without the consent of such accused.
HENRY S. BERKELEY,
Attorney General.
No. 821.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:
Ordinance No. 9 of 1906.—An Ordinance to amend the Lunacy Ordinance, 1906. Ordinance No. 10 of 1906.—An Ordinance to amend the New Territories Land
Ordinance, 1905.
Ordinance No. 11 of 1906.--An Ordinance to transfer to the General Revenue certain sums formning part of the Praya Reclama- tion Fund.
Ordinance No 12 of 1905.—An Ordinance to amend the Regulation of Chinese
Ordinance, 1888.
Ordinance No. 13 of 1906.—An Ordinance to apply a sum not exceeding Five million two hundred and two thousand one hundred and thirty-five Dollars to the Public Service of the
year
1907.