2696

False statements on oath made otherwise than in a judicial proceeding. 1 & 2 Geo. 5, c. 6, s. 2.

False statements, etc., with reference to marriage. 1 & 2 Geo. 5, c. 6, s. 3.

*

No. 21 of 1922.

PERJURY.

(2) "Judicial proceeding" includes a proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath.

(3) Where a statement made for the purposes of a judicial proceeding is not made before the tribunal itself, but is made on oath before a person authorised by law to administer an oath to the person who makes the statement, and to record or authenticate the statement, it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.

(4) A statement made by a person lawfully sworn in Hongkong for the purposes of a judicial proceeding-

(a) in another part of His Majesty's dominions, or

(b) in a British tribunal lawfully constituted in any place by sea or land outside His Majesty's dominions, or

(c) in a tribunal of any foreign state,

shall, for the purposes of this section, be treated as a statement made in a judicial proceeding in Hongkong.

(5) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.

4. If any person being required or authorised by law to make any statement on oath for any purpose, and being lawfully sworn (otherwise than in a judicial proceeding) wilfully makes a statement which is material for that purpose and which he knows to be false or does not believe to be true, he shall be guilty of a misdemeanor, and, on conviction thereof on indictment, shall be liable to imprisonment for any term not exceeding seven years and to a fine.

5. Every person who-

(1) for the purpose of procuring a marriage, or a certificate or licence for marriage, knowingly and wilfully makes a false oath, or makes or signs a false declaration, notice or certificate required under any enactment for the time being in force relating to marriage; or

* As amended by Law Rev. Ord., 1924.

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