THE HONGKONG GOVERNMENT GAZETTE, 7TH MAY, 1864.
in this Section aforesaid, unless it be proved that such Examination was not taken in manner aforesaid, or was not in fact signed by the Person examined or by the Magistrate or Officer aforesaid, purporting to sign the same.
191
nation in evidence if
IV. No objection to the reception in evidence of the Examination of any Person No objection to ad- shall be permitted to prevail upon the ground that the particular Examination of such missibility of Exami- Person was not signed by the Magistrate or other Officer of Her Majesty as aforesaid, Depositions signed by if it shall appear, in manner aforesaid, that the Depositions wherein such Examination the Magistrate, &c., was included, were so signed.
notwithstanding par-
ticular Examination not so signed.
If party accused
fore Magistrate, &.,
V. If, after the Examination of all the Witnesses on the part of the Prosecution shall have been completed, before a Magistrate or other Officer of Her Majesty to whom make a Statement be- the cognizance of the crime or offence appertained, any statement shall have been made same may be read in by the accused before such Magistrate or Officer of Her Majesty as aforesaid, it shall be Evidence if certain lawful for the Supreme Court, and it is hereby required to allow such statement to be plied with. read and received in Evidence in such Prosecution upon the Presiding Judge being satisfied that the following conditions had been in each case complied with:
(1.) That prior to such statement having been made the Magistrate, or other Officer of Her Majesty to whom the cognizance of the crime or offence appertained, had read or caused to be read, or, where necessary, had translated, or cause to be translated to the accused, the Depositions taken against him.
(2.) That prior to such statement having been made the Magistrate, or other Officer of Her Majesty to whom the cognizance of the crime or offence appertained, had addressed to the accused these words or words to the like effect: "Having "heard the Evidence, do you wish to say anything in answer to the charge? "You are not obliged to say anything unless you desire to do so, but whatever "you say will be taken down in writing and may be given in Evidence against 44 you upon your Trial."
(3.) That prior to such statement having been made the Magistrate, or other Officer of Her Majesty to whom the cognizance of the crime or offence appertained, had given the accused clearly to understand that he had nothing to hope from any Promise of favour, and nothing to fear from any Threat which might have been held out to him to induce him to make any admission or confession of his Guilt, but that whatever he then said might be given in Evidence against bim upon his trial notwithstanding such Promise or Threat.
(4.) That what the Prisoner answered thereto was taken down in writing and read
over to him.
(5.) That the said statement had been kept with, and at the time of the application to receive the same in Evidence was in the custody of the Supreme Court in the same manner as, the Depositions of the Witnesses which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or cortained shall prevent the Attorney General, or other Person conducting a Criminal Prosecution on behalf of the Crown from giving in Evidence any admission or confession or other statement of the Person accused, made at any time, which by Law would be admissible as Evidence against such Person.
VI. If the Attorney General, or other Person conducting a Criminal Prosecution, 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 statement of such Person, and it shall appear from the Registrar or Deputy Registrar or other competent Officer of the said Court that the Depositions including the statement of such Person or a copy thereof are in the Custody of the said Court, and if such statement shall appear to have been duly taken and in compliance with the conditions by the last Section imposed, then if such statement purports to be signed by the Magistrate or other Officer by or before whom the same purports to be taken, it shall be lawful to read such statement in Evidence without further proof of the matters in the Section last aforesaid, unless it be proved that such statement was not duly taken, or was not in fact signed by the Magistrate or Officer aforesaid purporting to sign the same.
Passed the Legislative Council of Hongkong, this 30th Day of April, 1864.
L. D'ALMADA E CASTRO,
Clerk of Councils.
preliminaries are com-
What shall be deem- a prima facie proof been duly taken, &c.
of Statement having