684
Provisions as to witnesses. 11 & 12 Vict. c. 18 s. 7.
Vide §69
First Schedule:
Form No. 8;
Form No. 9:
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
General Provisions.
17.—(1.) If it is made to appear to a Magistrate, by the oath of any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the Magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a Magistrate to testify what he knows concerning the matter of the complaint or information.
(2.) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons, and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the Magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the Magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person, at a time and place to be therein mentioned, before the Magistrate to testify as aforesaid.
(3.) If the Magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it shall be lawful for him to issue his warrant, in the first instance.
(4.) If, on the appearance of such person so summoned before the Magistrate, either in obedience to the said summons or by virtue of the said warrant, such person refuses to be sworn or to be examined upon oath concerning the matter of the complaint or information, or refuses to answer such questions as shall be put to him concerning the premises without lawful excuse, the Magistrate may, by warrant under his hand and seal, commit such person to prison there to remain and be imprisoned for any time not exceeding two months unless he sooner consents to be examined and to answer such questions concerning the premises.
Alternatively, the Magistrate may impose a fine on such person not exceeding twenty dollars.
18.—(1.) In every case of an information for any offence punishable on summary conviction, any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material.
Ib. s. 9.