1054
THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
Short Title.
Repeals.
Interpret- ation.
(14 and 15 V.
c. 9 s. 16.)
(No. 3 of IMG 88}
Incompetenes
Frora im-
mature ag (The Civil Code
S. 54 sub. 6.)
Parties and husbands atıd wives of parties to be admissible witnesses. (Ordinance No. 3 of 1852 1, 14 and 1
V. c. 99,
F.
16 and 17 V. c. 83, s. 1.1
Exception in criminal caSL“ (No. 3 of 1852 8. 2, 14 and
15, V. c. 99, 8. 3, 16 and 17 V. 6. 83, B. 2.)
Exception of communica- tions between husbands and wives.
(16 and 17
7. c. 83 s. 3.)
Witnesses not to be excluded from giving ovidence by incapacity from crime or interest.
bs. 1.)
6 and 7 V. c.
A BILL
ENTITLED
An Ordinance to amend and consolidate the
BE
Law of Evidence.
E it enacted by the Governor of Hongkong, by and with the advice and consent of the Legislative Council thereof, as follows:—
PART I.-Preliminary.
1. This Ordinance may be cited for all purposes as The Evidence Consolidation Ordinance, 1888.
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 The Ordinances mentioned in the Schedule hereto or the extent mentioned in the 2nd column of such Schedule ate hereby repealed but such repeal shall not affect anything lawfully done or suffered thereunder nor be taken to revive any Ordinance thereby repealed.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 meaus 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 Banker'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 impressious 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.
5. In all proceedings before the Court the parties and the husbands and wives of the parties thereto, and the persons in whose behalf any proceedings may be brought or instituted or opposed or defended, shall except as herein- after excepted, be competent and compellable to give evi- dence, either vivâ voce or by deposition according to the practice of the Court, on behalf of either or any of the parties to the proceedings.
6. Nothing herein shall render any husband competent. or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal procceding.
7. In no proceedings shall a husband be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage.'
8. No person offered as a witness in any proceedings shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence, either in person.or by deposition, according to the practice of the Court, on the trial or hearing of any proceedings or at any stage thereof,