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1988 Ed.]
Magistrates
[CAP. 227
51
Taking of evidence at hearing
81. (1) At a preliminary inquiry where the accused is present at the hearing, the magistrate shall, before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner, subject to subsection (3), as is hereinbefore provided for the taking of the evidence of the complainant or informant and his witnesses on a complaint or information for an offence punishable on summary conviction. (Amended, 49 of 1965, s. 14 and 48 of 1983, s. 3) (See Form 19)
(2) The accused or his counsel shall be at liberty to put questions to any witnesses produced against him, and, subject to subsection (3), the depositions or evidence of the prosecutor and his witnesses shall, in the presence of the accused, be read over to and signed respectively by the witnesses who have been so examined, and shall also be signed by the magistrate taking the same.
(3) The magistrate may cause the deposition or evidence of a witness who is examined under subsection (2) to be recorded by way of shorthand note or mechanical or electrical recording device and, thereafter, reduced into writing; and where-
(a) that writing is made available to the accused or his counsel; and
(b) the witness thereafter, on oath and in the presence of the accused,
confirms the accuracy of that writing,
the deposition or evidence of that witness shall be treated, for all purposes, including section 70 of the Evidence Ordinance (Cap. 8), as if it had been reduced into writing immediately, read over to the witness and signed by him in the presence of the accused. (Added, 75 of 1984, s. 2)
Admission of statements and exhibits in committal proceedings
(Amended, 75 of 1984, s. 2) [cf. U.K. 1848 c. 42, s. 17]
81A. (1) Subject to the provisions of this section, at a preliminary inquiry-
(a) any witness statement handed into court under the provisions of
section 80C(1); and
(b) any exhibit clearly identified in such statement,
shall be deemed to have been admitted in evidence on behalf of the prosecution notwithstanding that the person who made the statement is not called as a witness to give oral evidence at the hearing unless the accused objects to the admissibility of the statement or exhibit or any part of the statement or exhibit, and the magistrate, after hearing any reply which the prosecutor may make, allows the objection.
(2) A magistrate shall, on the application of the prosecutor or the accused made-
(a) on the return day; or
(b) 7 days (or such shorter period as the magistrate may allow) prior to
the day on which the evidence of the witness is required,