638
What shall be
facie proof of examination having been duly taken.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889.
ined 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, 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 person, 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 said Court, if the said person had been produced and examined before the said Court in the ordinary and accustomed manner.
30. If the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, at the trial of any accused person, applies to the Court for leave to read as evidence in such prosecution the examination of any person, and it appears to the Court that the depositions, including the examination of such person or a copy thereof, are in the custody of the proper officer, and if it appears 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, 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 person, 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 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 is 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.