CO129-227 - Acting Governor Marsh - 1886 [6] — Page 409

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Enclosure 1.

C. O.

14183

IRECO

REGO 9 AUG 36/

A BILL

ENTITLED

An Ordinance for enabling the Legislative Council and any Committee thereof to compel the attendance of and to administer Oaths to Witnesses.

Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:

1. This Ordinance may be cited for all purposes as “The Legislative Council Witnesses Ordinance, 188...

2. The Legislative Council of the Colony and any Committee thereof may administer an oath to any witness examined before such Council or Committee and for that purpose shall have all such and the like powers, rights, and privileges, as are now possessed or exerciseable by the House of Commons of the United Kingdom of Great Britain and Ireland or any Committee thereof, in respect of—

(a.) The enforcing the attendance of witnesses,

(b.) The punishing persons guilty of contempt.

3. Any person examined as aforesaid, who wilfully gives false evidence, shall be liable to the penalties of perjury. Where any witness to be examined under this Ordinance who, being a Christian, conscientiously objects to take an oath, he may make his solemn affirmation and declaration in the words following:-

"I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is according to my religious belief unlawful and I do also solemnly, sincerely, and truly affirm and declare, &c.” Where any witness to be examined under this Ordinance is not a Christian, he may in lieu of an oath make the following Declaration which shall be duly interpreted to every witness ignorant of the English language. "I, A. B., do solemnly, sincerely, and truly declare that the evidence which I am about to give shall be the truth, the whole truth, and nothing but the truth.”

Any solemn affirmation and declaration or declaration alone as aforesaid shall be of the same force and effect and shall entail the same consequences as an oath taken in the usual form.

Any oath or affirmation and declaration or declaration alone as aforesaid may be administered by the presiding Member of the said Council or any Committee thereof.

Short Title

4 & 34 Vict. c. 33, s. 4

Examination of witness on oath.

[34 & 35 Vict. c. 53, s.1]

Floriners 13435c 3,521

Toleration in...