ORDINANCES Nos . 1 AND 2 OF 1851 . 249
Criminal Procedure - Evidence. Civil Courts Jurisdiction.
No. 1 of 1851.
Title.
An Ordinance for the Improvement of the Law of Evidence at the Trial
of Criminal Cases before the Supreme Court.
[ 3rd January, 1851. ]
Preamble.
HEREAS, after the committal for trial of prisoners in this Colony, and before the
W time of such trial being had, they have, as is generally apprehended, in many
instances during such interval by force or bribery removed material Crown witnesses
from out of the Colony to the mainland of China ; and as it is expedient not only for
the more effectual administration of justice but also for the protection of such witnesses ,
that provision should be made for the counteracting such practices :
1. Be it therefore enacted and ordained by His Excellency the Governor of Crown witness
absent from the
Hongkong, with the advice of the Legislative Council thereof, that from and after the Colony, Supreme
Court may direct
his deposition to
passing of this Ordinance, whenever it shall appear to the said Court , that the persons be read as evi
dence at trial
conducting any criminal prosecution on behalf of the Crown have been unable to under certain
circumstances.
summon any person to attend as a witness on any such trial by reason of such person
having left or being absent from the Colony, or if it shall so appear that any such
person, ha ing been duly summoned as a witness , shall have departed from the Colony
before the trial, it may be lawful for the said Court to direct, on being satisfied of such
fact or facts (namely, absence and the consequent inability to effect the service of
summons or subpoena on the witness, or to obtain his or her attendance at the trial after
such service, ) that the deposition of every such witness duly taken before or on the
committal of any prisoner may be read as evidence against him , her, or them at such
trial, as if the same were again given vivá voce.
[ Repealed by Ordinance No. 15 of 1856 (disallowed) and by Ordinance No. 7 of 1857.]
No. 2 of 1851 .
An Ordinance to regulate the Jurisdiction of the Civil Courts Title.
See Ord. No.
of the Colony of Hongkong in certain cases. 10 of 1871.]
[5th April, 1851. ]
HEREAS from the vicinity of the Colony of Hongkong to the Preamble.
WHEREAS from the
dominions of the Emperor of China, it is of frequent occurrence
that Chinese subjects visiting the said Colony for a limited time and for
the purposes of trade, emplead and cause each other to be arrested for
causes of action arising within the said dominions ; and whereas such
proceedings are not only inconvenient from the difficulty of procuring