CO129-537-3 Deportation Ordinance- 1932- Bill 8-3-1932 - 28-9-1932 — Page 30

COPY:

CHIEF JUSTICE'S CHAMBERS,

COURTS OF JUSTICE,

HONG KONG.

8th March, 1932.

Sir,

I have the honour to acknowledge Your

Excellency's letter of the 2nd March, 1932, enclosing a copy of a draft bill to consolidate and amend the law relating to deportation, and I have to thank Your

Excellency for giving me the opportunity of commenting

on the bill.

2.

Question 8 in Form 2, which is a new question,

seems to me to be open to considerable objection. Presumably the accused person will have

said all that

When therefore

he has to say in reply to question 4.

he hears Question 8 his first thought will probably be

If he has any

that he has already given his evidence.

knowledge of legal procedure he may come to the conclusion

that evidence means a statement which has the added

The

weight of an oath or affirmation, and he may then decide to repeat his former statement with that added weight, but when he comes to give his evidence" he finds

that there is no oath or affirmation, and that he has

let in a practically unlimited cross-examination.

question thus seems to be a trap. If the object is to provide for cross-examination of the accused person it would seem desirable to make that provision boldly

and openly. Failing that, the question might perhaps read, "Are you willing to be questioned about this

matter? #

3.

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