208805-1934-Ordinances-passed-and-assented-to--Estate-Duty-Amendment-No-32-of-1934-Evidence-Amendment-No-33-of-1934 — Page 3

THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 19, 1934.

HONG KONG.

No. 33 of 1934.

I assent.

L.S.

W. PEEL,

Governor.

19th October, 1931.

An Ordinance to amend the Evidence Ordinance, 1889.

[19th October, 1934.]

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Evidence Amend- Short title. ment Ordinance, 1934.

2. The Evidence Ordinance, 1889, is amended by the New section insertion of the following new section after section 3 thereof :—

3A for Ordinance No. 2 of 1889.

of tender

c. 67, s. 30.

3A. Where, in any proceeding against any person for an Evidence offence, any child of tender years who is tendered as a witness of child does not in the opinion of the court understand the nature of years. an oath, the evidence of that child may be received, though 8 Edw. 7 not given upon oath, if, in the opinion of the court, the child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and the provisions of section 29 of this Ordinance shall extend to the evidence of the child, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of section 75 of the Magistrates Ordinance, Ordinance 1932:

Provided that-

(a) No person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused; and

No. 41 of 1932.

(b) Any child, whose evidence is received as aforesaid and who wilfully gives false evidence under such circumstances that, if the evidence had been given on oath, he would have been guilty of perjury, shall, subject to the provisions of the Juvenile Offenders Ordinance, 1932, be liable on summary Ordinance conviction to such punishment as might have been awarded had No. 1 of he been charged with perjury and the case been dealt with summarily under section 8 of that Ordinance.

1932.

3. Sub-section (3) of section 7 of the Protection of Repeal of Women and Girls Ordinance, 1897, is repealed.

Passed the Legislative Council of Hong Kong, this 18th day of October, 1934.

Ordinance No. 4 of 1897, s. 7 (3).

H. R. BUTTERS, Deputy Clerk of Councils.

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