CAP. 8]
[a. 3 cont.]
Evidence
of child of tender years. 8 Edw. 7.
c. 67, s. 30.
(Cap. 227.)
(Cap. 226.)
Evidence of parties.
[cf. 14 & 15
Vict. c. 99.
s. 2:
16 & 17 Vict. c. 83, s. 1.]
4.
Evidence.
impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the court or person before whom his attendance is required.
Where, in any proceeding against any person for an offence, any child of tender years who is tendered as a witness does not in the opinion of the court understand the nature of an oath, the evidence of that child may be received, though not given upon oath, if, in the opinion of the court, the child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and the provisions of section 39 of this Ordinance shall extend to the evidence of the child, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of section 80 of the Magistrates Ordinance: Provided that—
(a) no person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused; and (b) any child, whose evidence is received as aforesaid and who wilfully gives false evidence under such circumstances that, if the evidence had been given on oath, he would have been guilty of perjury, shall, subject to the provisions of the Juvenile Offenders Ordinance, be liable on summary conviction to such punishment as might have been awarded had he been charged with perjury and the case been dealt with summarily under section 8 of that Ordinance.
5.
[3A
In all proceedings before the court, the parties and the husbands and wives of the parties thereto, and the persons in whose behalf any proceedings may be brought, or instituted, or opposed, or defended, and the husbands and wives of such persons shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the proceedings. [4
272