CO129-040 - General Jervois - 1852 [3-12] — Page 211

HONGKONG.

ANNO DECIMO SEXTO VICTORIE REGINE.

No. 3 of 1852.

BY His Excellency WILLIAM JERVOIS, Knight of the Royal Ilanoverian Guelphic Order, Major-General Commanding Her Ma- jesty's Forces in China, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE TO AMEND THE LAW OF EVIDENCE.

[29th June, 1852.] WHEREAS it is expedient to amend the Law of Evidence in cer- tain particulars:

Title.

Preamble.

I. Be it therefore enacted and ordained by His Excellency the Parties to be Acting Governor of Hongkong, with the Advice of the Legislative admissible Wit- Council thereof, That on the Trial of any Issue joined, or of any nesses. Matter or Question, or on any Enquiry arising in any Suit, Action,

or other Proceeding in the Supreme Court, or before any Person having, by Law, or by consent of Parties, Authority to Hear, Receive, and Examine Evidence with respect to, or concerning any Suit, Action, or other Proceeding, the Parties thereto, and the Persons in whose behalf any such Suit, Action, or other Proceeding, may be brought or defended, shall, except as hereinafter excepted, be competent and com- pellable to give Evidence, either viva você or by Deposition, according to the Practice of the Courts, on behalf of either or any of the Parties to the said Suit, Action, or other Proceeding.

II. But nothing herein contained shall render any Person who in Nothing herein any Criminal Proceeding is charged with the Commission of any to compel person Indictable Offence, or any Offence punishable on Summary Conviction, charged with Cri competent or compellable to give Evidence for or against Himself or minal Offence to IIerself, or shall render any Person compellable to answer any Question tending to eri- give Evidence tending to criminate Himself or Herself, or shall in any Criminal minate himself, Proceeding render any Husband competent or compellable to give &c. Evidence for or against his Wife, or any Wife competent or compel- lable to give Evidence for or against her Husband.

III. Nothing herein contained shall apply to any Action, Suit, or Not to apply Proceeding instituted in consequence of Adultery, or to any Action to Proceedings for Breach of Promise of Marriage.

in consequence of Adultery, &e.

ments whenever

would

IV. Whenever any Action or other Legal Proceeding shall hence- Common Law forth be pending in the Supreme Court, such Court may, on Application Courts authoriz- made for such purposes by either of the Litigants, compel the opposite ed to compel in- Party to allow the Party making the Application to inspect all Docu- spection of doen- ments in the Custody or under the Control of such opposite Party Equity relating to such Action or other Legal Proceeding, and, if necessary, grant Discovery. to take examined Copies of the same, or to procure the same to be duly stamped, in all cases in which, previous to the publishing of this Ordi- nance, a Discovery might have been obtained by Filing a Bill, or by any other Proceeding in a Court of Equity at the instance of the Party so making Application as aforesaid to the said Court; provided always, that every such Application shall be made as aforesaid before Issue joined in any such Action, and Twenty-one Days before the Trial or Hearing of any other Legal Proceeding.

V. All Proclamations, Treaties, and other Acts of State of any Foreign and Foreign State, or of the East India Company, or of any Territory Colonial Acts of under the Government of the East India Company, or of any British State,Judgments Colony, and all Judgments, Decrees, Orders, and other Judicial certified Copies &c. provable by Proceedings of any Court of Justice in any Foreign State, or in any without Proof of of the Territories under the Government of the East India Company, Sealor Signature

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