11995-1909-Ordinances-passed-and-assented-to--Evidence-Amendment--No-3 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, MAY 14, 1909.

No. 292.--His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the KING, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 3 of 1909.-An Ordinance to amend The Evidence Ordinance,

1889.

Ordinance No. 4 of 1909.-An Ordinance to amend The Wireless Telegraphy

Ordinance, 1903.

HONGKONG.

No. 3 of 1909.

An Ordinance to amend the Evidence Ordinance

1889.

F. D. LUGARD,

LS

Governor.

[14th May, 1909.]

Short title.

Substitution

for Section 40 of

Evidence

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

1. This Ordinance may be cited as The Evidence Ordin- ance (Amendment) Ordinance 1909.

2. Section 40 of the Evidence Ordinance 1889 is hereby repealed and the following section is substituted therefor:

Ordinance

1889.

Effect of certificate of Ambassador. etc.. as evidence in support of application.

"40. A certificate under the hand of the Ambass- ador, Minister or other diplomatic agent of any foreign power, received as such by His Majesty, or in case there be no such diplomatic agent, then of the Consul-General or Consul of any such foreign power at London, received and admitted as such by His Majesty or of the Consul-General, Consul, or Vice-Consul, of any such Foreign Power in the Colony, received and admitted as such by the Governor, that any matter in relation to which an application is made under this Ordinance is a civil or commercial matter, or a criminal matter under the Extra- dition Act 1870 section 24 pending before a court or tribunal in the country of which he is the diplomatic agent or consul, having juris- diction in the matter so pending, and that such court or tribunal is desirous of obtaining the testimony of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced, other evidence to that effect shall be admissible."

Passed the Legislative Council of Hongkong, this 13th day of May, 1909.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 14th day of May, 1909.

F. H. MAY,

Colonial Secretary.