302453-1941-Evidence-and-Powers-of-Attorney-Act-1940 — Page 1

THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 7,

No. 148.

COLONIAL SECRETARY'S Department,

The text of The Evidence and Powers of Attorney Act, 1940, which appears below, is published for general information.

5th February, 1941.

N. L. SMITH,

Colonial Secretary.

The Evidence and Powers of Attorney Act, 1940. 3 & 4 Geo. 6, Ch, 28.

1941.

177

CHAPTER 28.

An Act to empower certain officers and other persons to administer oaths and take affidavits, to facilitate the proof in criminal proceedings of documents intercepted in the post, and to make further provision as respects powers of attorney.

[13th June, 1940.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) The Lord Chancellor may by order provide for Authority empowering officers of His Majesty's naval, military and air to administer forces, holding such ranks or appointments as may be oaths. specified in the order, to administer oaths and take affidavits during any war in which Ilis Majesty is engaged for all or any purposes for which an oath may be administered or affidavit taken by a commissioner for oaths appointed under section one of the Commissioners for Oaths Act, 1889.

(2) The Secretary of State may by order provide for empowering persons serving in the diplomatic, consular or other foreign service of a Power which, by arrangement with His Majesty, has undertaken to represent His interests in a country in which He has for the time being no diplomatic or consular representatives appointed on the advice of His Government in the United Kingdom, to administer oaths and take affidavits for all or any of the purposes aforesaid.

(3) Any such order may prescribe---

(a) the classes of persons to whom oaths may be administered or from whom affidavits may be taken in pur- suance of the order;

(b) the places or circumstances in which an oath or affidavit may be so administered or taken;

(c) the facts to be stated in the jurat or attestation by any person by whom any oath or affidavit is so administered or taken.

or

(4) Any document purporting to have subscribed thereto the signature of any person in testimony of any oath affidavit being administered or taken before him, and con- taining in the jurat or attestation a statement of the facts

52 & 53 Vict.

c. 10.

A