22
over
Opinion upon
a separate
n which was supposed to expply to
to us for Objection
its 12 Clause, and stated that No difficult; will arise on giving effect to the Opinion expressed on this blause of the Oxdinances in our Setter of the 11th of December last, and that he merely alluded to it to peint out that it has no with the Report he now
Our
Consideration.
Mo-Connexion
brings
en den
In Obedience to your request_ We have perused and considered, the
Ord in an ce
· passed by the Legislature of Hong
bang And have the bonour to Report
eer
c. 23
Theet the to Viet c 28 gives limited power to the Legislature of any British Colony to make Ordinances touch, the Admission of Evidence
proceeding
in such Colony,
Ordinances ina
of Eng
land.
be repugn
en
ceny
tonching
Judicial
althé such
ant to the law-
-This enactment is limited to
the Admission of Evidence
recognizes the obligation
Act
being
eri
a co
only,
and the
of Colonial Acts
:cordance with the Law of Englar do
But the $.6.7.48. Enactment of the Hong Kong Ordinance propose to alter most materially the
established
established law of England in respect of the
-
Prome of Perjury, and to make that punishable perjury which by the laws of England does not Amount to that Offence.
This is in vier Opinion illegal. But even if it were within the pow
ower of the bolonial Legislatures to make, and of Her Majesty, to sanction this Ordinance, it would in our Openion be highly object
inexpedient.
It is quite pepe,
hold that a State
ctionable and
guant to reason, and
aterial
tement, which is einar. irrelevant to the issere shall if contrece
1. justice to
cer of
be made the
subject of An Indictment for Perjury. If this
Brdar an ce
were
would be one
thing
y
sanctioned the Cruise of terze
at Hong Kong and a different thing in the pest of Her Majestys Dominions.
We
cannot therefore approved of the 5.b. 748. Articles, or allow them with our approbation to be submitted to Her Majesty for confirenation
We have the Honour
to be Sir
Your Most Obect!
Itble Serv to
Bechard Bethell J. S. Walley
29