2
Addition of
new sections 2A and 28,
Amendment of
section 3.
Repeal and replacement of
section 15.
3.
The principal Ordinance is amended by adding the following new sections after section 2—
**Extra- curial state- ments on oath made for purposes of a judicial proceeding.
Materiality of a state- meat is a
question of Faw.
4.
2A. (1) Where a statement made for the pur poses of a judicial proceeding is not made before a court, tribunal or person having by law power to hear. receive and examine evidence on oath but is made on oath before a person authorized by law to adminis ter an oath to the person who makes the statement and to record or authenticate the statement, it shall be deemed for the purposes of this Ordinance to have been made in a judicial proceeding.
(2) A statement made by a person lawfully sworn in Hong Kong for the purposes of a judicial proceeding elsewhere shall be deemed for the purposes of this Ordinance to have been made in a judicial proceeding in Hong Kong.
2B. The question whether a statement on which any offence against this Ordinance is assigned was material is a question of law to be determined by the court.",
Section 3 of the principal Ordinance is amended by-
(a) deleting "(1}"; and
(b) deleting subsections (2), (3), (4) and (5).
5.
Section 15 of the principal Ordinance is repealed and replaced by the following-
"Certified copy of
record of court
15. A document purporting to be a copy of the record of any proceedings before a court and purport- ing to be certified by an officer having the custody proceedings. of the records of that court as a true copy of ther record shall be admitted in evidence in proceedings for an offence against section 3, 9 or 10 on i production by the prosecution without further proof, and-
(a) until the contrary is proved, the court before which such document is produced shall presume
(i) that the document is certified by such officer;
(ii) that the document is a true copy of the record of those proceedings: and
(iii) that the evidence taken in those pro- ceedings and recorded therein was duly laken; and
(b) such document shall be prima facie evidence of the evidence taken in those proceedings and recorded therein and of all other matters contained therein.”.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 2nd day of August, 1967, and is found by me to be a true and correctly primed copy of the said Bill.
Deputy Clerk of Councils.
(Secretariat GR 11/3231/64)