ORDINANCE No. 3 of 1872.
Interrogation of Prisoners.
SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.
No. 3 of 1872.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners in certain cases.
[5th April, 1872.]
WHEREAS it is expedient to further amend the Law of Evidence and to provide for the Oral Examination of Prisoners Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. It shall be lawful for any Judge of the Supreme Court presiding at any Criminal Sessions to be hereafter holden in this Colony and before whom any Prisoner is tried for the Commission of any Crime or Offence whatsoever and for any Magistrate before whom any Trial or Investigation is conducted of or into any Charge brought against any Prisoner for the Commission of any Crime or Offence whatsoever at any Time during the Progress of such Trial or Inquiry to orally examine and interrogate such Prisoner upon such Matters, Points or Circumstances as to the said Judge or Magistrate may seem likely to conduce to or assist in the Elucidation of the Truth concerning the Issue or Matter then under Trial or Investigation; Provided always that unless the said Judge be...
II. Before entering upon any such Examination or Interrogation it shall be the Duty of such Presiding Judge or Magistrate to inform any Prisoner about to be examined or interrogated that he will be compelled to answer any Questions that may be put to him, and that his answers may be considered as Evidence.
III. If at the close of the Trial or Investigation such Prisoner has given Answers to the Questions or any of them put to him by the Presiding Judge or Magistrate it shall be the Duty of such Judge or Magistrate to treat the said Answers as Evidence given in the Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite and proper.
IV. Where on the Trial or Investigation of or into any Criminal Charge before a Magistrate the Prisoner has given Answers to the Questions or any of them put to him by the said Magistrate, it shall be the Duty of such Magistrate to deal with the said Answers as Evidence given in the Course of the said Trial or Investigation.
V. This Ordinance shall not come into Operation until Her Majesty's Confirmation thereof shall have been proclaimed in the Colony by the Governor.
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Section ... of Ordinance No. 2 of 1862 repealed.