CO885-(7-8) — Page 318

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC RECORD OFFICE

Reference :—

TILITIC.O.885

ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH—NOT TO BE REPRODUCED PHOTOGRAPHIC-

PUBLIC RECORD OFFICE, LONDON

30

TITLE III-OFFENCES AGAINST THE ADMINIS- TRATION OF JUSTICE.

CHAPTER VIII. PERJURY AND PERVERSION OF JUSTICE.

99.—Perjury.

Perjury is an assertion as to a matter of fact, opinion, belief, A. 117. or knowledge made by a witness in a judicial proceeding as B. 119. part of his evidence, either upon oath or in any form allowed C. 123. by law to be substituted for an oath, whether such evidence is given in open Court or by affidavit or otherwise, such assertion being known to the witness to be false, and being intended by him to mislead the Court, jury, or person holding the proceeding.

Every person is a witness within the meaning of this section who actually gives his evidence upon oath or in any such form as aforesaid, whether he was competent to be a witness or not, and whether his evidence was admissible or not.

Every proceeding is judicial within the meaning of this section which is held in, or under, the authority of a Court of Justice, or before any Justice of the Peace [or any arbitrator or umpire], or any person or body of persons authorised by law to make an enquiry and take evidence therein upon oath, or before any person, or body of persons, acting as a Court, Justice, Justices, or tribunal having power to hold such judicial proceeding, whether duly constituted or not, and whether the proceeding was duly instituted or not so as to authorise the holding of the proceeding, and although the proceeding was held in the wrong place or was otherwise invalid.

100.—Punishment for Perjury.

Any person who commits perjury is liable to penal servitude for fourteen years.

Any person who commits perjury in order to procure the A. 118. conviction of any person for any offence punishable with death B. 120-1. or penal servitude for life, is liable to penal servitude for C, 124. life.

101.--Making a false Oath.

O. 193.

Any person who, being required or authorised by law to A. 119. make any statement either on oath or in any form permitted by B. 122. law to be substituted for an oath, thereupon makes a statement which would amount to perjury if made in a judicial proceeding, is guilty of felony.

A. 120.

B. 123. C. 194.

A. 122. B. 125.

0.126.

C. 129.

A. 124. B. 128. C. 132.

A. 123.

B. 126.

C. 131.

A. 125.

B. 129. C. 122, 127.

31

102.—Making a false Statement.

Any person who makes a statement which would amount to perjury if made on oath in a judicial proceeding, upon any occasion on which he is permitted by law to make any state- ment or declaration, before any officer who is by law authorised to permit it to be made before him, or required to certify or record it in any way if it is so made, is guilty of a misde- meanour, and also of a simple offence.

103.-Fabricating Evidence.

Any person who, with intent to mislead any Court of Justice or person holding any such judicial proceeding as aforesaid,

(1) fabricates or contrives evidence by any means other than perjury; or

(2) knowingly makes use of such fabricated or con- trived evidence;

is guilty of felony.

104.-Destroying Evidence.

Any person who, knowing that any book, document, or other thing is, or may be required in evidence before any Court of Justice, or any person holding any such judicial proceeding as aforesaid, destroys it, or renders it incapable of identification, or renders such book or document illegible or undecipherable, with intent thereby to prevent it being used in evidence, is guilty of a misdemeanour.

105.—Conspiring to pervert or defeat Justice.

}

Any person who conspires with another to obstruct, prevent, pervert, or defeat the course of justice is guilty of felony.

106.-Conspiring to bring a false Accusation.

Any person who conspires with any person to prosecute any other person, or to cause any other person to be prosecuted, for any alleged offence, knowing such other person to be innocent thereof, is guilty of felony; and

(1) if the offence alleged is punishable with death or penal servitude for life, is liable to penal servitude for life; and

(2) if the offence alleged is felony, is liable to penal servitude for fourteen years.

107.-Corruptly influencing Juries or Witnesses. Any person who

(1) prevents or dissuades or attempts to prevent or dissuade any person by a threat, bribe, or other corrupt means from giving evidence, either altogether or in relation to any particular subject, in any cause or matter civil or criminal; or

(2) influences or attempts to influence by a threat, bribe, or other corrupt means, any person in his conduct as a juryman, whether such person has been sworn as a juryman or not; or

470

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.