CO129-036 - Sir Bonham - 1851 [1-5] — Page 33

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HONGKONG.

ANNO DECIMO QUARTO VICTORIÆ REGINÆ.

No. t of 1851.

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 IMPROVEMENT OF THE LAW OF EVIDENCE AT

THE TRIAL OF CRIMINAL CASES BEFORE THE SUPREME Court.

[3d January, 1851.] WHEREAS, after the committal for trial of Prisoners in this Colony, and before the 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 Main- land 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:

Title.

Preamble.

J. Be it therefore enacted and ordained by His Excelleney The Governor of Hongkong, with the advice of the Legislative Council thereof, That from and after the passing of this Ordinance, whenever it shall appear to the said Court, that the persons conducting any Crimi. Crown witness nal Prosecution on behalf of the Crown have been unable to summon any absent from the Person to attend as a Witness on any such trial by reason of such Person Colony, Supreme

Court may di having left or being absent from the Colony, or if it shall so appear that

rect his deposi- any such person, having been duly summoned as a witness, shall have tion to be read as departed from the Colony before the trial, it may be lawful for the said evidence at trial Court to direct, on being satisfied of such fact or facts (namely, Absence under certain cir- and the consequent Inability to effect the service of Summons or Sub- cumstances. pœna on the witness, or to obtain his or her attendance at the trial after Buch 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 thein at such Trial, as if the same were again given viva voce.

assed the Legislative Council of Hongkong,

this 3d day of January, 1851.

L. D'ALMADA E CASTRO,

Clerk of Councils.

S. G. BONHAM.

Ldi Ahriada

Noho

Clerk of Funcils.