1984 Ed.]
Evidence
[CAP. 8
7
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.
(Added, 33 of 1934, s. 2)
5. 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.
(Amended, 27 of 1937, Schedule)
6. Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceedings.
7. In criminal proceedings, a husband shall not be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage.
(Amended, 9 of 1908, s. 2 and 25 of 1969, s. 2)
8. (1) Notwithstanding any rule of law, the evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them at any period.
(2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid.
(Added, 37 of 1950, Schedule)
9. No person offered as a witness in any proceedings shall be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice
(Cap. 226.)
Evidence of parties.
Jef. 1851 c. 99, s. 2; 1853 c. 83, s. 1.
Evidence of husband and wife.
[cf 1851 c. 99, s. 3: 1853 c. 83, s. 2.]
Privilege of husband and wife.
1853 c. 83, s. 3.
Evidence of access.
1949 c. 100.
No incapacity or interest.
1843 c. 85, s. 1.