THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888. 1059
31. All courts, judges, magistrates, justices of the peace, officers of the Courts, commissioners acting judicially ́and other judicial officers within the Colony shall hence-
forth take judicial notice of the signature of the judges of the Supreme Court and of the judges of the Vice-Admiralty Court: Provided such signature be attached or appended to any decree, judgment, order, certificate, or other judicial or official document.
PART IV-Depositions.
32. Whenever it shall be proved, by the oath affirma- tion or declaration of any credible witness, or shall in any other manner whatsoever, appear to the satisfaction of the Supreme Court, that the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, is unable to produce at the trial of the pri- soner or accused, any person as a witness, in consequence of the death of such person, or of his absence from the Colony, or of the impracticability of serving process upon him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the prisoner or accused, or of his being do- miciled in a country, the laws of which prohibit his absent- ing himself therefrom, or which he shall refuse to quit after application made to him in that behalf; and if it also appear that such person was examined before a Magistrate, or other officer of Her Majesty to whom the cognizance of the erime or offence appertained, and that the usual oath, affirmation, declaration, or warning was administered to, made by, or given to such person 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 if he wished 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 and signed by the person examined, and also by the Magistrate or other officer of Her Majesty as aforesaid, and that such examination or a copy thereof is in the custody of the Supreme Court, it shall be lawful For the Supreme Court and it is hereby required to allow to be read and received in evidence, in such prosecution, so much of the examination so taken as aforesaid as would have been admissible, according to the Law and Practice of the Supreme Court, had the said person been produced and examined before the said Court, in the ordinary.and accus- tomed manner.
33. If the Attorney-General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, shall at the trial of any person accused apply to the Court for leave to read as evidence, in such prosecution, the examination of any person, and it shall appear from the Registrar or Deputy Registrar or other proper officer of the said Court that the depositions, including the examination of such person, or a copy thereof, are in the custody of the said Court, and if it shall appear from the perusal of such 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 off- cer by or before whom the same purports to be taken, it shall be lawful to read such examination in evidenes, 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 faet signed by the person examined or by the Magistrate or officer aforesaid, purporting to sigu 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.
Courts to take judicial notice of signature of judges of Supreme Court, &c. (8 and 9 V. c. 113 . .)
Depositions of persons who have died or who are absent or who from other
specified cause carmot be produced as witnesses in
any criminal prosecution, may, in cer -
may in tul case
cases, be rait in evidence.
TOR 1
(50, 6 of 1864 8. 2, 11 and 12 V. Č. 42 H. 17.)
What shait be deemed prima facie Proof of examination having been duly taken. (No. 6 of 1964,
3.)
No objection to mimissimi- lity of exni- nation in Cví-
nee it cerʊ- itions end- by the Magi
Trote... notwithstand- ing particular examination not so sighed. (No. 6 of 1804
B. 4.)