ORDINANCES No. 5 OF 1849 AND No. 1 OF 1850. 239
Examination ofWitnesses before Commissioners. Supreme Court - Criminal Proceedings.
of the Supreme Court of Hongkong , to compel the attendance of such witness or wit
nesses before such Commissioners :
1. Be it therefore enacted and ordained by His Excellency the Governor of Hong ChiefJustice of
the Supreme
kong, with the advice of the Legislative Council thereof, that from and after the passing Court of Hong
kong, on petition,
of this Ordinance, it may be lawful for the Chief Justice of the Supreme Court of may make order
for the atten
dance of wit
Hongkong, to make such order or orders on such petition , as to him shall seem requisite, nesses resident
in the Colony, or
touching and respecting the attendance of any such witness or witnesses before such at any place
within the
Commissioners, in pursuance of the said recited Ordinance No. 1 of 1849. jurisdiction of
the Supreme
Court, not being
a Consular port,
before commis
sioners appointed
[ Repealed by Ordinance No. 4 of 1887. ] by Consuls, for
the examination
of witnesses in
suits pending
before the
Consular Courts.
No. 1 of 1850 .
An Ordinance for the better Administration of Justice in Criminal Title.
Proceedings before the Supreme Court, and for improving the Law
of Evidence.
[ 15th January , 1850 .
HEREAS in cases of burglary and larceny, difficulty has been found in ascertain Preamble.
W ing from Chinese witnesses in whom the legal ownership of property is vested,
which ownership it is necessary, according to the existing law, to set forth in the
indictment or information ; and whereas also, from the frequent discrepancies in Chinese
testimony, like difficulties may arise on similar subjects , thereby causing variances
between the indictment or information and the evidence at the trial, rendering further
indictments or informations necessary ; and whereas also it is deemed expedient that
witnesses should not be excluded from giving evidence in criminal cases by incapacity
from crime :
1. Be it therefore enacted and ordained by His Excellency the Governor of Power to Su
preme Court to
Hongkong, with the advice of the Legislative Council thereof, that, before the jury are amend informa
tion attrial when
the prisoner may
charged with the trial of any prisoner, or during the progress of any trial, it shall be not be misled in
his defence
lawful for the Court in its discretion to amend the indictment or information in any thereby.
matter of form or substance not calculated to mislead the prisoner in his or her defence.
2. And be it further enacted and ordained, that no person offered as a witness Testimony of
witnesses not to
shall hereafter be excluded by reason of incapacity from crime from giving evidence be excluded by
their incapacity
from crime.
either in person or by deposition in any criminal proceeding in any Court, or before
any Judge, Jury, Sheriff, Coroner, Magistrate, officer, or person having by law authority
to hear, receive, and examine evidence ; but that every person so offered, shall be
admitted to give evidence on oath, or on solemn affirmation in those cases where
affirmation is by law receivable, notwithstanding that such person offered as a witness
may have been previously convicted of any crime or offence.
[ Repealed by Ordinance No. 3 of 1865.]