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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
40. If the Attorney General or other person conducting a prosecution in criminal proceedings on behalf of the Crown the prisoner or accused or his counsel shall at the trial of any prisoner or accused apply to the Court for leave to read as evidence in such prosecution the statement of such person mentioned in the last section, and it shall appear from the Registrar or Deputy Registrar or other competent officer of the said Court that the depositions including the statement of such person or a copy thereof are in the custody of the said Court, and if such statement shall appear to have been duly taken in compliance with the conditions by the last section imposed, then if such state- ment purports to be signed by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read such statement in evidence with- out further proof of the matters in the section last afore- said, unless it be proved that such statement was not duly taken, or was not in fact signed by the Magistrate or Officer aforesaid purporting to sign the same.
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PART V-Commissions to take Evidence.
41. Where upon an application for this purpose by sum- mons it is made to appear to the Supreme Court or any judge thereof that any of Her Majesty's Courts of competent juris- diction outside the Colony has duly authorised by com- mission, order or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such Court or tribunal of any witness or witnesses out of the jurisdiction of such Court or tribunal, and within the jurisdiction of the Supreme Court it shall be lawful for the Supreme Court or any judge thereof to order the examination before the person or persons appointed, and in manner and form directed by such commission, order or other process as aforesaid of such witness or wit- nesses accordingly so far as not repugnant to the laws and practice of the. Colony; and it shall be lawful for the said Court or any judge thereof by the same order or by any subsequent order, to command the attendance of any person to be named in such order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith as may appear reasonable and just; and any such order may be enforced, and any dis- obedience thereof punished, in like manner as in case of an order made by the Supreme Court or any judge thereof in any suit or other proceeding depending in such Court or before any such judge.
42. Where upon an application by summons for this purpose, it is made to appear to the Supreme Court or any judge thereof. that any Court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial proceedings are pending, is desirous of obtain- ing the testimony in relation to such proceedings of any witness or witnesses within the jurisdiction of the Supreme Court it shall be lawful for the Supreme Court or any judge thereof to order the examination upon oath, upon interrogatories or otherwise, before any person or persons pamed in such order, of such witness or witnesses accordingly; and it shall be lawful for the Supreme Court or any judge thereof by the same order or by any subsequent order, to command the attendance of any person to be named in such order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith, as may appear reasonable and just; and any such order may be enforced in like man- ner as an order made by the Supreme Court or any judge thereof in any suit depending in such Court or before such judge.
43. A certificate under the hand of the ambassador, minister or other Diplomatic agent of any foreign power, received as such by the Governor or in case there be no such Diplomatic agent, then of the Consul-General or Consul of any such foreign power in the Colony received and admitted as such by the Governor that any such pro- ceedings in relation to which an application is made under the last section of this Ordinance is a civil or commercial suit or matter pending before a Court or tribunal in the country of which he is the diplomatic agent or Consul, having jurisdiction in the proceedings so pending and that such Court or tribunal is desirous of obtaining the testimony
:
Prima facie proof of state- ment duly taken. (No. 6 of 1864 a. 6.)
Order for examination
of witnesses in the Colony in relation to any sult pending before any tribunal or tribunals of Her Ma- jesty.
(22 V. c. 20 s. 1.)
Order for examination
of witnesses in the Colony In relation to any civil or commercial matter pend- ing before a foreign tribunal. (19 and 20
V. c. 113 s. 1.)
Certificate of Ambassador, &c., sufficient evidence in support of application. (19 and 20 V. c. 113 s. 2.)
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