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50
THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
Examination of witness under 88. 41, 42 (19 and 20 V.c. 113, s. 3. 23 V.0. 20. 6.)
Payment of
expenses (19 and 20
V. c. 113 s. 4,
(23 V. c. 20
6.3.)
Persons to have right of refusal to answer queS- tions and to produco documents. (19 and 20 V. c. 113 s. 5)
Administra- tion of oath by the Court.
(No. 3 of 1852, s.10, 14 and 15 V. c. 99, s. 16.j
Affirmation in lieu of oath. (No. 6 of 1855
18. 17 and 18 V. c. 125 s. 20. 24 and 25
V. c. 66 g. 1.)
Declaration by non-Christian in lieu of oath. (No. 6 of 1855, s. 19, No. 2 of 1860 ss. 2, 3.)
of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced other evidence to that effect shall be admissible.
44. When under any such commission, order or other · · process as mentioned in section 41 or under any order made under section 42 of this Ordinance, any witness is to be examined, such witness shall be examined on oath, affirma- tion and declaration, and declaration alone or otherwise according to the law and practice of the Colony; Provided always,--
(1.) That every person whose attendance shall be re- quired under any such commission order or other process shall be entitled to the like conduct money and payment of expenses and loss of time as upon attendance at the trial or hearing of any suit or other proceeding before the Supreme Court; and
(2.) That every person examined under any such com- mission, order or other process shall have the like right to refuse to answer questious tending to criminate himself, and all such other questions to which he would be entitled to object in similar proceedings before the Supreme Court; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be com- pellable to produce at the trial or the hearing in the Supreme Court.
PART VI.-Oaths, Affirmations, &c.
45. The Court is hereby empowered to administer an oath to all such persons as are legally called or appear voluntarily before it.
46. If any person not being a native of China called as a witness to give vivâ voce evidence or required or desiring to make an affidavit or deposition in any proceedings shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or the person qualified to take affidavits or depositions upon being satisfied of the sincerity of such objection to permit such person instead of being sworn to give evidence or to make such affidavit or deposition as aforesaid as follows :-
(1.) In the case of vivâ voce evidence, he shall make
the following affirmation and declaration.
"I, A.B., do solemnly sincerely and truly affirm and declare that the taking of an oath is according to my religious belief unlawful; I do solemnly sincerely and truly affirm and declare that the evidence which I am about to give shall be the truth the whole truth and nothing but the truth."
(2.) In case of an affidavit or deposition or other do- cument required to be sworn he shall make and subscribe the following affirmation and declara- " tion:-
"I, A.B., do solemnly sincerely and truly affirm and declare that the taking of an oath is according to my religious belief unlawful; and I do solemnly sincerely and truly affirm and declare, &c."
47. Every person not being a Christian or of the Jewish religion called as a witness to give vivâ voce evidence or required or desiring to make any affidavit or deposition in any proceedings shall in lieu of an oath make his declara- tion, which shall be duly interpreted to every witness ignorant of the English language, in the manner following:
(1.) In the case of vivâ voce evidence, he shall make
the following declaration.
"I, A.B., do solemnly sincerely and truly declare that the evidence which I am about to give shall be the truth the whole truth and no- thing but the truth ;"
(2.) In the case of an affidavit or deposition or other document required to be sworn, he shall make and subscribe the following declaration :-
"I hereby solemnly and sincerely declare that the contents of this my (affidavit information deposition or testification or other documen. as the case may be) are true."