148
THE HONGKONG GOVERNMENT GAZETTE, 23RD APRIL, 1864.
Section 4 of Ordi- nance No. 7 of 1857
repealed.
Depositions of Per- sons who have died or
cause cannot be pro-
Evidence.
I. Section 4 of Ordinance No. 7 of 1857 shall be and the same hereby is repealed.
II. Whenever it shall appear to the satisfaction of the Supreme Court that the who are absent or who Attorney General, or other Person conducting a Criminal Prosecution on behalf of the from other specified Crown, is unable to produce, at the Trial of the accused, any Person as a Witness, in duced, as Witnesses consequence of the Death of such Person, or of his absence from the Colony, or of the in any Criminal Pro-impracticability of serving process upon him, or of his being so ill as not to be able secution, may, in cer- tain cases, be read in to travel, or of his being insane, or of his being kept out of the way by meane of the procurement of the accused, or of his being domiciled in a Country, the laws of which prohibit his absenting 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 Crime or Offence appertained, and that the usual Oath, Affirmation or Declaration was administered to such Person prior to his examination, and that the examination was taken in the presence of the accused, and that he or his Counsel or Attorney had a full opportunity of cross-examining 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 was transmitted to 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 accustomed manner.
having been duly taken.
What shall be
III. If the Attorney General, or other Person conducting a Criminal Prosecution, deemed prima facie proof of Examination 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 Statement of the Registrar or Deputy Registrar or other com· petent Officer of the said Court that the Depositions, including the Examination of such Person, were transmitted to the said Court in the ordinary and accustomed manner, 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 Majesty to whom the cognizance of the Crime or Offence appertained, and that the usual Oath, Affirmation or Declaration was administered to such Person, prior to his Examination, and that the Examination was taken in the presence of the accused, and that he or his Counsel or Attorney had a full opportunity of cross-examining 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 Officer by or before whom the same purports to be taken, it shall be lawful to read such Examination in evidence, without further proof of the matters in this Section aforesaid, unless it be proved that such Examination was not taken in manner aforesaid, and was not in fact signed by the Person examined or by the Magistrate or Officer aforesaid purporting to sign the same.
No objection to ad- missibility of Exami-
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IV. No objection to the reception in evidence of the Examination of any Person nation in evidence if shall be permitted to prevail upon the ground that the particular Examination of such thepositions signed by Person was not signed by the Magistrate or other Officer of Her Majesty as aforesaid, notwithstanding par- if it shall appear in manner aforesaid that the Depositions wherein such Examination ticular Examination not so signed.
was included, were so signed.
Magistrate, &c.,
Title.
Preamble.
HONGKONG.
ANNO VICESIMO SEPTIMO VICTORIÆ REGINÆ.
No. of 1864.
By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
An Ordinance to enable the Governor to appoint Commissioners for preparing a New Edition of the Ordinances of this Colony.
[th April, 1864.]
Whereas it is expedient that measures should be adopted for preparing a New Edition of the Ordinances of this Colony wherefrom should be omitted all Ordinances