HONGKONG.
ANNO DECIMO TERTIO VICTORIÆ REGINÆ,
No. 1 of 1850.
BY His Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary, and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE FOR THE BETTER ADMINISTRATION OF JUSTICE IN CRIMINAL PROCEEDINGS BEFORE THE SUPREME COURT, AND FOR IMPROVING THE LAW OF EVIDENCE.
[15th January, 1850.]
WHEREAS in Cases of Burglary and Larceny, Difficulty has been found in ascertaining 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:
Title.
Preamble.
Power to Supreme Court to amend Information at Trial when the Prisoner may not be misled in his Defence.
I. Be it therefore enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, That, before the Jury are charged with the Trial of any Prisoner, or during the Progress of any Trial, it shall be lawful for the Court in its Discretion to amend the Indictment or Information in any Matter of Form or Substance not calculated to mislead the Prisoner in his or her Defence.
Testimony of Witnesses not to be excluded by their Incapacity from Crime.
II. And be it further enacted and ordained, That no Person offered as a Witness shall hereafter be excluded by reason of Incapacity from Crime from giving Evidence 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.
S. G. BONHAM.
Legislative Council of Hongkong,
...
MAPA E CASTRO,
Clerk of Councils.
Page 61
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HONGKONG.
ANNO DECIMO TERTIO VICTORIÆ REGINÆ,
No. 1 of 1850.
BY His Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, Her Majesty's Plenipotentiary, and Chief Super- intendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE FOR THE BETTER ADMINISTRATION OF JUSTICE IN CRIMINAL PROCEEDINGS BEFORE THE SUPREME COURT, AND FOR IM- PROVING THE LAW OF EVIDENCE.
[15th January, 1850.]
WHEREAS in Cases of Burglary and Larceny, Difficulty has been found in ascertaining from Chinese Witnesses in whom the legal Owner- ship 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 Testi- mony, 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:
Title.
Preamble.
Power to Su-
I. Be it therefore enacted and ordained by His Excellency The Governor of Ilongkong, with the Advice of the Legislative Council preme Court to thereof, That, before the Jury are charged with the Trial of any Pri- amend Informa tion at Trial soner, or during the Progress of any Trial, it shall be lawful for the when the Fri- Court in its Discretion to amend the Indictment or Information in any soner may not be Matter of Form or Substance not calculated to mislead the Prisoner in misled in his De-
fence thereby. his or her Defence.
from Crime.
II. And be it further enacted and ordained, That no Person offered Testimony of as a Witness shall hereafter be excluded by reason of Incapacity from Witnesses not to Crime from giving Evidence either in Person or by Deposition in any be excluded by Criminal Proceeding in any Court, or before any Judge, Jury, Sheriff, their Incapacity 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 con- victed of any Crime or Offence.
S. G. BONHAM.
ative Council of Hongkong,
of Jammary, 1850.
MAPA E CASTRO,
rk of Councils.
Laitlinda fashs.)
Clerk
one of fornails.
61
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