647440-1893-Bill-Statutory-Declarations — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 24тH JUNE, 1893.

Short title.

band &

William IV.,

c. 62, deered

to be in force in the Colony. Sne Ord. 12 of 1873, sec. 7.

Form in Schedule sufficient.

Declaration

by a foreigner,

False declaration.

And whereas doubts have arisen whether or not the said enactment extends to and is in force in the Colony and whether or not the said practice is legal and it is expedient to remove such doubts, and to make further provision re- garding Statutory Declarations.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thercof, as follows:-

1. This Ordinance may be cited as The Statutory Declarations Ordinance, 1893.

2. The said Act shall be deemed to be and to have been in force in this Colony from the date when the Colony obtained a local legislature, that is to say, on the 5th day of April, 1843.

3. A declaration made after the passing of this Ordinance in Form 1 or Form 2 (as the case may be) in the Schedule to this Ordinance shall be deemed to be a statutory declara- tion made by virtue of the provisions of the said Act and shall be sufficient for all purposes.

4. Where the declarant is unacquainted with the English language the declaration shall be in Form 2 in the Schedule hereto, the interpreter having been first declared as in Form 3 in the Schedule hereto, or sworn to the like effect.

5. Any person who shall wilfully and corruptly make and subscribe any statutory declaration knowing the same to be untrue in any material particular shall be deemed guilty of a misdemeanour although such declaration is not made in a judicial proceeding.

SCHEDULE.

FORM 1.

Form of Declaration.

I, A.B., do solemnly and sincerely declare that

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of “The Statutory Declarations Act, 1835.'

13

A.B.

*Or us the case may be.

Declared at day of

189

in Hongkong* this

Before me

(Name and designation of the Justice, Notary Public or other officer.)

FORM 2.

Form of Declaration by a person who does not understand the English language.

I, A.B. do solemnly and sincerely declare that

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of "The Statutory Declarations Act, 1885.'

Declared by the declarant

in

this interpretation of

the said

at

day of

through the of having been first declared (or

sworn, as the case may be) that he had truly, distinctly and audibly interpreted the contents of this document to the said declarant and that he would truly and faithfully interpret the declaration about to be administered unto him.

Before mo

(Name and designation of the Justice, Notary Public or other officer.)

FORM 3.

+ In case of "outh" sube- titute the

word swear" for the words. **solemnly and sincerely declaro."

Interpreter's Declaration.

(To the Interpreter.)

You do solemnly and sincerely declare † that you well understand the English and Chinese (or as the case may be) languages and that you have truly, distinctly and audibly interpreted the contents of this document to the declarant

and that you will truly and faithfully interpret the declaration about to be administered unto him,

Objects and Reasons,

The facts stated in the Recital and the necessity of providing some uniformity of practice in the forms used for Statutory Declarations in this Colony render a Bill of this sort most desirable. In Hongkong many Statutory Decla- rations are made by persons who do not understand the English language, and, at present, the proper form of De- claration is in such cases often omitted. The Bill provides Forms to which reference can in future be easily made.

W. MEIGH GOODMAN, Attorney General.