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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
No. 2 of 1889.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to consolidate the Law of Evidence.
LS
G. WILLIAM DES VEUX.
[18th January, 1889.]
BE
E it enacted by the Governor of Hongkong, by and with the advice and consent of the Legislative Council thereof, as follows:-
PART 1.-Preliminary.
1. This Ordinance may be cited for all purposes as The Evidence Consolidation Ordinance, 1889.
2. The Ordinances mentioned in the Schedule hereto or the extent mentioned in the 2nd column of such Schedule ate hereby repealed but such repeal shall not affect anything lawfully done or suffered thereunder nor be taken to revive any Ordinance thereby repealed.
3. In the interpretation of this Ordinance unless the context be repugnant thereto or inconsistent therewith the words and expressions hereinafter mentioned shall have the following meanings, viz:--
The expression The Court shall include the Chief Justice, and the Puisne Judge of the Supreme Court also every judge, coroner, magistrate, justice officer of any Court, commissioner, arbitrator or other person now or hereafter having by law or consent of parties authority to hear receive and examine evidence in the Colony with respect to or concerning any suit action or other proceeding civil or criminal or with respect to any matter submitted to arbitration or ordered to be enquired into or investigated under any Commission.
The expression Judge means a judge of the Supreme
Court.
The expression Bank shall mean any corporation, company or society established by charter or, under, or by virtue of any Act of Parliament or Ordinance lawfully carrying on the business of bankers, or any foreign Banking Company carry- ing on business in this Colony, and recognized as such for the purposes of this Ordinance by, an order of the Governor in Council, published in the Gazette.
The expression Bunker's Book includes any ledger, day book, cash book, account book, or any other books used in the ordinary business of the bank.
PART II.—Admissible Witnesses and Evidence.
4. The following persons only shall be incompetent to give evidence in any proceedings:-
(a.) Children under seven years of age, unless they shall appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly:
(b.) Persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness, without the consent previously obtained of the Court or person before whom his attendance is required.
Short Title,
Repeals.
Interpret- ation. (14 and 15 V.
c. 99 s. 16.) (No. 3 of 1885 8. &)
Incompetency from Im- mature age. (The CivilCode B. 54 sub. 6.)
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