ORDINANCE No. 3 of 1872.
Interrogation of Prisoners.
SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.
No. 3 of 1872.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners in certain cases.
[5th April, 1872.]
WHEREAS it is expedient to further amend the Law of Evidence and to provide for the Oral Examination of Prisoners Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. It shall be lawful for any Judge of the Supreme Court presiding at any Criminal Sessions to be hereafter holden in this Colony and before whom any Prisoner is tried for the Commission of any Crime or Offence whatsoever and for any Magistrate before whom any Trial or Investigation is conducted of or into any Charge brought against any Prisoner for the Commission of any Crime or Offence whatsoever at any Time during the Progress of such Trial or Inquiry to orally examine and interrogate such Prisoner upon such Matters, Points or Circumstances as to the said Judge or Magistrate may seem likely to conduce to or assist in the Elucidation of the Truth concerning the Issue or Matter then under Trial or Investigation; Provided always that unless the said Judge be...
II. Before entering upon any such Examination or Interrogation it shall be the Duty of such Presiding Judge or Magistrate to inform any Prisoner about to be examined or interrogated that he will be compelled to answer any Questions that may be put to him, and that his answers may be considered as Evidence.
III. If at the close of the Trial or Investigation such Prisoner has given Answers to the Questions or any of them put to him by the Presiding Judge or Magistrate it shall be the Duty of such Judge or Magistrate to treat the said Answers as Evidence given in the Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite and proper.
IV. Where on the Trial or Investigation of or into any Criminal Charge before a Magistrate the Prisoner has given Answers to the Questions or any of them put to him by the said Magistrate, it shall be the Duty of such Magistrate to deal with the said Answers as Evidence given in the Course of the said Trial or Investigation.
V. This Ordinance shall not come into Operation until Her Majesty's Confirmation thereof shall have been proclaimed in the Colony by the Governor.
...
Section ... of Ordinance No. 2 of 1862 repealed.
437 feel
77
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ORDINANCE No. 3 or 1872.
Interrogation of Prisoners.
SIR RICHARD GRAVES MACDONNELL, K.C.M.G., & C.B., Governor and Commander-in-Chief.
No. 3 or 1872.
An Ordinance enacted by the Governor of Hongkong,
with the Advice of the Legislative Council thereof,
Title.
to provide for the Oral Examination of Prisonersin certain cases.
WH
[5th April, 1872.]
HEREAS it is expedient to further amend the Law of Preamble.
Evidence and to provide for the Oral Examination of Prisoners Be it enacted by the Governor of Hongkong, with the
lam Ailvice of the Legislative Council thereof, as follows:-
and diagistrate
I. It shall be lawful for any Judge of the Supreme Court pre- Presiding siding at any Criminal Sessions to be hereafter holden in this Jodge at Cri- Colony and before whom any Prisoner is tried for the Commission minal Sessions of any Crime or Offence whatsoever and for any Magistrato by and. may interro- before whom any Trial or Investigation is conducted of or into any gate Frisoners, in certain. Charge brought against any Prisoner for the Commission of any Grimms or Offense whatsoever at any Time during the Progress of cases. such Trial or pation to orally examine and interrogate such Prisoner upon
ch Matters, Points or Circumstances as to the said Judge or Magistrate may seem likely to conduce to or assist in the Elucidation of the Truth concerning the Issue or Matter then under
Trial or Investigation; Provided always that unles the said Indogo be
answering
II. Before entering upon any such Examination or Interroga Effect of not tion it shall be the Duty of such Presiding Judge or Magistrate to Questions. inform any Prisoner about to be examined or interrogated that he' be compelled to answer any Questions that may be put to will be kamnection with
canny that his him,
given at Cri-
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the fear of any Prisoner at to be Sessions such Prisoner has given Answers to the Questions or any treated as Evi of them put to him by the Presiding Judge it shall be the Duty of dence, when such Judge to treat the said Answers as Evidence givet in the minal Scrsions. Course of the Trial and to lay the same before the Jury together with such Comments and Explanation as he may deem requisite and proper.
Where on the Trial or Investigation of or into-ang-Answers befine
Buidense.
Criminal Charge before a Magistrate the Prisoner has given Magistrate Answers to the Questions or any of them put to him by the said be treated as Magistrate, it shall be the Duty of cuek Magistrate to doni with the said A newors as Bridense given in the Course of the suid Trial op Inrostigation.
V. This Ordinance shall not come into Operation until Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor,
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