5331-1906-Ordinance-passed-and-assented-to--Crimiual-Evidence-No-14 — Page 3

1790

THE HONGKONG GOVERNMENT GAZETTE, OCT. 12, 1906.

Evidence of

person charged. (Ibid s. 2).

Right of reply. (Ioid s. 3).

Calling of wife or has-

band in cer-

tain cases. (Ibid s. 4).

Provision as to previous Ordinances, (Ibid s. 6).

(g) Every person called as a witness in pursuance

of this Ordinance shall, unless otherwise ordered by the Court, give his evidence from the witness box or other place from which the other witnesses give their evidence.

3. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.

4. In cases where the right of reply depends upon the question whether evidence has been called for the defence the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply.

5. (1) The wife or husband of a person charged with an offence under any enactment mentioned in the Schedule to this Ordinance may be called as a witness either for the prosecution or defence and without the consent of the person charged,

(2) Nothing in this Ordinance shall affect a case where the wife or husband of a person charged with an offence may at common law be called as * witness without the consent of that person.

6. This Ordinance shall apply to all criminal pro- ceedings, notwithstanding any enactment in force at the commencement of this Ordinance.

Passed the Legislative Council of Hongkong, this 11th day of October, 1906.

A. G. M. FLETCHER,

Clerk of Councils.

Assented to by His Excellency the Governor, the 12th day of October, 1906.

T. SERCOMBE SMITH, Colonial Secretary.

SCHEDULE.

Enactments referred to. [8. 5 (1).]

No. of Ordinance.

Short Title.

Enactments referred to.

(1) 4 of 1897.

(2) 10 of 1905,

The Married Women (Main-

The Protection of Women and The whole Ordin-

Girls Ordinance, 1897.

tenance in case of Desertion) Ordinance. 1905.

ance.

Do.

(3) 5 of 1906,

The Married Women's Proper-Sec. 16 and sec.

ty Ordinance, 1906.

21.

APPOINTMENTS, &c.

No. 856.-Government Notifications Nos. 188 of the 6th March, and 561 of the 29th June, 1906, are hereby cancelled and the following is substituted therefor :-

The King's Exequatur empowering ALBERTO MORENO PEREZ to be Consul-General

for Panama at Hongkong has received His Majesty's signature.

6th March, 1906.

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