THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
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 sworu, 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 document as the case may be) are true.”
48. Every solemn affirmation and declaration or de- claration alone shall be of the same force and effect as an oath in the usual form.
PART VIL-Perjury, &c.
49. Every person making or subscribing any solemn affirmation and declaration or declaration who shall wilfully falsely and corruptly affirm declare or subscribe any matter or thing which if the same had been sworn would have amounted to wilful and corrupt perjury shall incur the same penalties as by any law or ordinance in force within the Colony, is or may be provided or enacted for the punish-
ent of wilful, and corrupt perjury.
50. Where two or more contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully and knowingly made by one and the same witness in any proceeding before the Court either at the same examination or at two or more examinations, and whether before the same Court or person or before any other Court or person and whether the respective truth or falsehood of the said statements can be ascertained or not, an information may be preferred against him, charging him with having, on the day or days of his said examination or examinations wilfully and knowingly made the said con- flicting or contradictory statements, and setting forth the short material purport or effect thereof respectively and upon conviction thereof either in whole or in part such witness shall be liable to the penalties of perjury,
Administre- tion of oath by the Court. (No. 3 of 1852, 6. 10, 14 and 15 V. c. 99, B. 16.)
Affirmation in lieu of oath. (No. 6 of 1855 6, 18. 17 and 18 V. c. 125 s. 20, 14 and 25 V. c. 66 B. I.)
Declaration by non-Christian
in lieu of oath. (No. 6 of 1855,
8. 19, No. 2 of 1860 ss. 2, 3.)
Effect of affir- mation, decla- ration, &c. (No. 6 of 1855, R. 19.)
False affirmA- tious and declarations. (No. 6 of 1855, 6. 19, 77, No. 2 of 1860 s. 4, 17 and 18 V. c. 125, 24 and 25 V. 6. 66 8. 2.)
Contradictory statements by 1.he same witness may be punished as perjury if material to the issue. (No. 7 of 1857 6.)
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