THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
examination by the presiding judge that such examination contains any statement to the effect or from which it may fairly and reasonably be inferred, that such person was examined before a Magistrate or other officer of Her Ma- jesty to whom the cognizance of the crime or offence apper- tained, and that the usual oath, affirmation, declaration, or warning was administered to, made by, or given to such per- son, prior to his examination, and that the examination was taken in the presence of the prisoner or accused, and that he or his Counsel or Solicitor was asked to cross-examine and had a full opportunity of cross-examining or did actually cross-examine such person and that the examination of such person was reduced into writing and read over to the person examined, then, if such examination purports to be signed by the person examined and by the Magistrate or other offi- cer by or before whom the same purports to be taken, it shall be lawful to read such examination in evidence, without further proof of the matters in this section aforesaid, unless it be proved that such examination was not taken in manner aforesaid, or was not in fact signed by the person examined or by the Magistrate or officer aforesaid, purporting to sign the same.
34. No objection to the reception in evidence of the examination of any person shall be permitted to prevail upon the ground that the particular examination of such person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, if it shall appear, in manner aforesaid, that the depositions wherein such examination was included, were so signed.
85. And whereas it may happen that a person danger- ously ill and unable to travel, may be able to give material and important information relating to an indictable offence or to a person accused thereof, and it may not be practicable or permissible to take in accordance with the provisions of the foregoing sections 32 and 33 the examination or deposi- tion of the person so being ill, so as to make the same available as evidence in the event of his or her death before the trial of the prisoner or accused and it is desirable in the interests of truth and justice that means should be provided for perpetuating such testimony, and for rendering the same available in the event of the death of the person, whenever it shall be made to appear to the satisfaction of any Magistrate or Justice of the Peace that any person dangerously ill, and in the opinion of some registered medical practitioner, not likely to recover from such illness, is able and willing to give material information relating to an indictable offence or relating to any person accused of any such offence, and it shall not be practicable for any Magistrate or other officer of Her Majesty as aforesaid to take an examination or deposition in accordance with the provisions of said sections 32 and 33 of this Ordinance of the person so being ill, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing the statement on oath, affirmation, or declaration of such person so being ill, and such Magistrate or justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons (if any) present at the taking thereof, and, if the same shall relate to any indictable offence or for which any accused person is already committed or bailed to appear for trial, shall transmit the same with the said addition to the proper officer of the Court for trial at which such prisoner or accused shall have been so com- mitted or bailed; and in all other cases he shall transmit the same to the Registrar of the Supreme Court who is hereby required to preserve the same, and file it for record; and if afterwards, upon the trial of any offender or offence to which the same may relate, the person who made the same statement shall be proved to be dead, or if it shall be proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the prisoner or accused, without further proof thereof, if the same purports to be signed by the Magistrate or jus- tice by or before whom it purports to be taken, and pro- vided it be proved to the satisfaction of the Court that rea- sonable notice of the intention to take such statement has been served-upon the person (whether prosecutor or prisoner, or accused) against whom it is proposed to be read in evidence and that such person, or his counsel or solicitor, had or might have had, if he had chosen to be present, full oppor- tunity of cross-examining the deceased person who made the same.
No objection to admissibi- lity of exami- nation in evi- dence if depo- sitions signed by the Magis trate, &c., notwithstand-
ing particular examination not so signed. (No. 6 of 1964 9. 4.)
Power to take deposition of person dan- gerously ill, and not likely to recover, and to make evidence in certain events, after death of such person. (30 and 31 V. c. 35, 6. 6.)
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