CO129-066 - Public Offices - 1857 — Page 23

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over

Opinion upon

a separate

n which was supposed to expply to

to us for Objection

its 12 Clause, and stated that No difficult; will arise on giving effect to the Opinion expressed on this blause of the Oxdinances in our Setter of the 11th of December last, and that he merely alluded to it to peint out that it has no with the Report he now

Our

Consideration.

Mo-Connexion

brings

en den

In Obedience to your request_ We have perused and considered, the

Ord in an ce

· passed by the Legislature of Hong

bang And have the bonour to Report

eer

c. 23

Theet the to Viet c 28 gives limited power to the Legislature of any British Colony to make Ordinances touch, the Admission of Evidence

proceeding

in such Colony,

Ordinances ina

of Eng

land.

be repugn

en

ceny

tonching

Judicial

althé such

ant to the law-

-This enactment is limited to

the Admission of Evidence

recognizes the obligation

Act

being

eri

a co

only,

and the

of Colonial Acts

:cordance with the Law of Englar do

But the $.6.7.48. Enactment of the Hong Kong Ordinance propose to alter most materially the

established

established law of England in respect of the

-

Prome of Perjury, and to make that punishable perjury which by the laws of England does not Amount to that Offence.

This is in vier Opinion illegal. But even if it were within the pow

ower of the bolonial Legislatures to make, and of Her Majesty, to sanction this Ordinance, it would in our Openion be highly object

inexpedient.

It is quite pepe,

hold that a State

ctionable and

guant to reason, and

aterial

tement, which is einar. irrelevant to the issere shall if contrece

1. justice to

cer of

be made the

subject of An Indictment for Perjury. If this

Brdar an ce

were

would be one

thing

y

sanctioned the Cruise of terze

at Hong Kong and a different thing in the pest of Her Majestys Dominions.

We

cannot therefore approved of the 5.b. 748. Articles, or allow them with our approbation to be submitted to Her Majesty for confirenation

We have the Honour

to be Sir

Your Most Obect!

Itble Serv to

Bechard Bethell J. S. Walley

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