1972-HKRS28-16-20_Part01 — Page 48

Who may administer oaths. Dev. 18$1

2.99, a. 16.1

Powers of

Legistative

Council as to examination

of witness.

let. 1871 c. 83, 8. 1.1

Normal manner of administration

of oaths.

Del 1909

c. 39, . 2, 3.J

Validity of oath not affected by absence of religious belief.

1888 c. 46. 1. 9.

Aftomation in lieu of oath.

Ist. 188 6. 45, 1, 1.J

"person acting judicially" means a tribunal, commission or other person having by law power to receive evidence on oath,

3.

PART II

OATHS AND DECLARATIONS IN General

A court and a person acting judicially may administer an oath to a witness who is lawfully called or voluntarily comes before it or him.

4. (1) The Legislative Council and any committee thereof may administer an oath to a witness examined before the Council or committee, and for that purpose shall have the same powers, rights and privileges as are possessed or exercisable by the House of Commons of the United Kingdom or any committee for enforcing the attendance of witnesses and punishing persons guilty of contempt.

(2) An oath may be administered by the presiding member of the Council or any committee thereof.

5. (1) An oath may be administered and taken in the following form and manner-

The person taking the oath shall bold the New Testa- ment, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words "I swear by Almighty God

or *本人滿對全帽上帝(天主)宜督,

that

IT

·

followed by the words of the oath prescribed by law.

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(2) The officer shall, unless the person about to take the oath objects thereto, or is physically incapable of so taking the oath, administer the oath in the form and manner aforesaid:

Provided that, in the case of a person who is neither a Christian nor a Jew, the oath may be administered in any manner which is appropriate to his religious belief.

(3) In this section, "officer" means a person authorized to administer an oath.

6. If an oath has been duly administered and taken, the fact that the person to whom the oath was administered bad, at the time of taking the oath, no religious belief, shall not for any purpose affect the validity of the oath.

7. (1) A person, upon objecting to being sworn, shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law.

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(2) A person who is neither a Christian nor a Jew shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law.

(3) An affirmation shall commence- (a) "1,

declare and affirm". or

(b) “*A*

solemnly, sincerely, and truly

*運以至絨,據資聲明及確認誌

and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

(4) An affirmation in writing shall commence- (a) “I,

of

+

and sincerely affirm", or

.38K

ley. 1828 6, 46, x. 4.]

+

solemnly

(b) “*A*

BUEXER".

and end-

() "Affirmed at

this

day of

19

Before me

FE

A

日在

or

(iiii)“此項暫离保於一九

您在本人面前擔出,

(5) An affirmation shall be of the same force and effect as

an oath in the usual form.

(6) Subsections (1), (3) and (4) shall apply in relation to a person to whom it is not reasonably practicable without incon- venience or delay to adminster an oath in the manner appropriate to his religious belief as it applies in relation to a person object- ing to being sworn.

(7) A person who may be permitted under this section to make his affirmation may also be required to do so.

8. If a person taking an oath or making an affirmation is unfamiliar with the English language the oath or affirmation shall be interpreted to him by a sworn interpreter.

9. (1) No person shall administer or receive an oath, affidavit or affirmation relating to any matter or thing in respect of which that person has no jurisdiction by some enactment.

(2) Any person who wilfully contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.

(3) Nothing in this section shall extend to an oath, affidavit or affirmation before a justice-

(a) relating to the maintenance of public order, or the pro-

secution, trial, or punishment of offences; or

fel. 1961 «. 21, *, I.]

try. 1961 c. 23, 1. (I

Interpretations

of oaths and affirmations.

Unlawful administration of oaths. Lek. 1635 c. 67. u. (3)