493
I think express provision should be made that in cases where depositions have been taken against a fugitive in his absence, the offender witnesses should be re-examined in his presence is committed for his return, before be trial, and that no depositions, except perhaps under peculiar circumstances, should be admissible in evidence against him on his trial where he has had no opportunity of cross-examining the witnesses.
With regard to section 23, I am not quite sure that the section as framed would not be held to be confined to depositions under this Act. I would suggest that the words "whether taken or made for the purposes of this Act or otherwise" should be inserted. I would also suggest that the word "deposition" might also in the definition clause be taken to include evidence taken before a Commission to examine witnesses lawfully taken by competent authority in some other part of Her Majesty's Dominions to that in which the evidence is taken.
With regard to section 27, so far as Japan and China are concerned with Hong Kong, certain regulations for backing warrants are now in force under the two jurisdictions.