212
Cases before Commisioner in the Colony of Hong Kong, the Transcript,
of which were enclosed your despatchs
No. 59 and 60 of the 8th of June.
I have received
the Queen's Commands to acquaint you that Her Majesty has been pleased to confirm and allow these Ordinances You will cause this decision to be signified to the Inhabitants of Hong Kong by a Proclamation to be published in the usual & most authentic
manner.
Theat
HONGKONG.
ANNO DUODECIMO VICTORIÆ REGINÆ.
No. 5 of 1849.
BY His Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
Title.
Preamble.
AN ORDINANCE TO FACILITATE THE EXAMINATION OF WITNESSES IN CERTAIN CASES BEFORE COMMISSIONERS IN THE COLONY OF HONGKONG.
[7th June, 1849.] WHEREAS by the Consular Ordinance No. 1 of 1849, entitled "An Ordinance for the better obtaining of Evidence in the Consular Courts in China, and to amend the Ordinance No. 3 of 1847, entitled, "An Ordinance to authorize Her Majesty's Consular officers to "adjudicate in Civil Actions," it has been enacted and ordained, amongst other things, that Her Majesty's Consuls or Vice-Consuls resident at the Ports in China may, under certain circumstances, issue a Commission for the Examination on Interrogatories of any Witness or Witnesses resident within the Colony of Hongkong, or at any Place within the Jurisdiction of the Supreme Court, not being a Consular Port; and that, in the event of any such Witness or Witnesses refusing to appear before such Commissioners for the purpose of Examination,
of the Supreme
Chief Justice
Peti-
it shall and may be lawful for any Party in the Suit or Action to
Court of Hong-
apply by Petition, duly verified by Affidavit, to the Chief Justice of
kong, on
tion, may make
the Supreme Court of Hongkong, to compel the Attendance of such
Order for the At-
Witness or Witnesses before such Commissioners:
tendance of Wit-
nesses resident
within the Juris-
I. Be it therefore enacted and ordained by His Excellency the
diction of the
Governor of Hongkong, with the Advice of the Legislative Council
Supreme Court,
thereof, That from and after the passing of this Ordinance, it may be
not being a Con-
lawful for the Chief Justice of the Supreme Court of Hongkong to make
sular Port, be-
such Order or Orders on such Petition, as to him shall seem requisite,
fore
touching and respecting the Attendance of any such Witness or Wit-
Commis-
nesses before such Commissioners, in pursuance of the said recited
sioners appoint-
Ordinance No. 1 of 1849.
ed by Consuls,
S. G. BONHAM.
for the Examina-
Passed the Legislative Council of Hongkong, this 7th day of June, 1849.
tion of Witnesses
L. D'ALMADA E CASTRO,
in Suits pending
Clerk of Councils.
before the Con-
sular Courts.
Lid Ahmada
Chrk of Councils. I