THE HONGKONG GOVERNMENT GAZETTE, OCT. 12, 1906. 1789
HONGKONG,
No. 14 or 1906.
An Ordinance to amend the Law of Evidence in
Criminal Cases.
M. NATHAN,
LS
Governor,
[12th October, 1906.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :-
1. This Ordinance may be cited as The Criminal Evidence Ordinance, 1906.
Short title.
2. Every person charged with an offence, and the wife
Competency or husband, as the case may be, of the person so charged, of witnesses shall be a competent witness for the defence at every stage in criminal of the proceedings, whether the person so charged is cases. charged solely or jointly with any other person. as follows:-
Provided
(a) A person so charged shall not be called as a witness in pursuance of this Ordinance except upon his own application :
(5) The failure of any person charged with an offence or of the wife or husband, as the case may be, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution:
(c) The wife or husband of the person charged shall not, save as in this Ordinance mentioned, be called as a witness in pursuance of this Ordinance except upon the application of the person so charged :
(d) Nothing in this Ordinance shall make a hus- band compellable to disclose any communica- tion made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage:
(e) A person charged and being a witness in pur- suance of this. Ordinance may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged :
(S) A person charged and called as a witness in pursuance of this Ordinance shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless:
()the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or
(i) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to esta- blish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; (M) he has given evidence against any other person charged with the same offence :
ΟΙ
(61 and 62 Vict. e. 36 s. 1).