43684-1915-Supplementary-Bills-read-a-first-time--Evidence-Amendment- — Page 1

320

LEGISLATIVE COUNCIL.

No. S. 195. The following Bills were read a first time at a Meeting of the Council held on the 10th September, 1915:

A BILL

INTITULED

Short title

tion.

An Ordinance to amend the Evidence Ordi-

nance, 1889.

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 and construc- (Amendment) Ordinance, 1915, and shall be read and construed as one with the Evidence Ordinance, 1889, here- inafter called the Principal Ordinance, and the said Õrdi- nance and this Ordinance may be cited together as the Evidence Ordinances, 1889 and 1915.

Repeal of

Ordinance

2. Section 19 of the Principal Ordinance is repealed and No. 2 of 1889, the following section is substituted therefor :-

s. 19, and

substitution

of new section.

Admissibility of notarial acts done before Bri-

tish diploma- tic and con- sular officers: 52 Vict. e. 10, s. 6 (1): 54 & 55 Vict. c. 50, s. 2.

19. Every oath, affidavits and notarial act, adminis- tered, sworn, or done, under or in accordance with the provisions of section 6 of the Commis- sioners for Oaths Act, 1889, as amended by section 2 of the Commissioners for Oaths Act, 1891, shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in the Colony."

Amendment

of Ordi-

3. Section 25 of the Principal Ordinance is amended by numbering the present section as sub-section (1) and by of 1889, s. 25. adding thereto the following sub-section :--

nance No. 2

Definition of

"consular

officer " •

52 Vict, e.

10, s. 6 (1):

54 & 55 Vict.

c. 50, s. 2.

*(2.) In this section "consular officer" includes every consul-general, consul, vice-consul, pro- consul, consular agent, acting consul-general, acting consul, acting vice-consul, and acting consular agent."

Amendment

4. Section 32 of the Principal Ordinance is amended as of Ordinance follows:- No. 2 of 1889. 8. 32.

**

(a.) by the insertion of the words who is" after

the word " person in the ninth line thereof ; (b.) by the repeal of the words “, and, in the opinion of a medical practitioner, not likely to recover from such illness," in the tenth and eleventh lines thereof;

(c.) by the deletion of the word "is" after the word "and" in the eleventh line thereof; (d.) by the repeal of the words "to any indictable

offence or in the twentieth line thereof.

Objects and Reasons,

The main object of this Bill is to assimilate the law of Hongkong to the law of the United Kingdom in respect of the admissibility of affidavits and notarial acts taken and made before British diplomatic or consular officers. The only changes proposed to be effected by this part of the Bill, ie., clauses 2 and 3, are certain small alterations which were made in the United Kingdom by the Commis- sioners for Oaths Act, 1891, 54 & 55 Vict. c, 50, s. 2.

辈

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