657418-1889-Ordinances-1-to-8-assented-to-Dr-J-C-Thomson-registered — Page 22

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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.

Parties and husbands and wives of

partics to be admissible witnesses. (Ordinance No. 3 of 1852 B. 1, 14 and 15 V. c. 99,

B. 2 16 and 17

V. c. 83, s. 1.)

Exception in criminal cases (No. 3 of 1852 s. 2, 14 and

15, V. c. 99, 8. 3, 16 and 17 V. c. 83, s. 2.)

Exception of communica- tions between husbands and wives.

(16 and 17

V. c. 83 s. 3.)

Witnesses not

to be excluded from giving evidence by incapacity

from crime or interest.

(6 and 7 V. c. 85 s. 1.)

Self-crimina-

tion of witness

(No. 3 of 1852 6. 2, 14 and 15, V. c. 99 s. 3.)

Parties

and their husbands and wives competent witnesses in suits for adultery where evidence authorised to

be taken in

Colony,

(32 and 33 V.

c. 68 8. 3.)

Parties in suits for breach of promise of marriage. (32 and 33 V. c. 68 s. 2.)

How far a party may discredit his own witness. (No. 6 of 1855

s. 21, 17 and 18 V, c. 125 g. 22. 28 and 29

V. c. 18 s. 3.)

Proof of con- tradictory statements of adverse witness. (No. 6 of 1855 6. 22 17 and 18 V. c. 125 8. 23, 39 V. c. 18 s. 4.)

Cross-

examination as to previous statements in

writing (No. 6 of 1855 A. 23, 17 and 18 V. c. 125. 8. 24, 28 and 20

V. c. 18 s. 5.)

5. In all proceedings before the Court the parties and the husbands and wives of the parties thereto, and the persons in whose behalf any proceedings may be brought or instituted or opposed or defended, shill except as herein- after excepted, be competent and compellable to give evi- dence, either vivâ voce or by deposition according to the practice of the Court, on behalf of either or any of the parties to the proceedings.

6. Nothing herein shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceeding.

7. In no proceedings shall a husband be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage.

8. No person offered as a witness in any proceedings shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial or hearing of any proceedings or at any stage thereof.

9. Nothing in this Ordinance contained shall render any person who in any criminal proceeding charged with the indictable offence or any offence punishable on Summary Conviction competent or compellable to give evidence for or against himself, or shall render any person in any proceedings compellable to answer any question tending to criminate himself.

10. In any proceedings instituted in consequence of adultery the parties to such proceedings and the husbands and wives of such parties shall be competent to give evidence in relation thereto: provided that no such witness whether a party to the suit or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.

11. The parties to any suit for breach of promise of marriage shall be competent to give evidence in such suit; Provided always, that no plaintiff in any suit for breach of promise of marriage shall recover a verdict unless his or her testimony shall be corroborated by some other material evidence in support of such promise.

12. A party producing a witness in any proceedings shall not be allowed to impeach his credit by general evi- dence of bad character, but he may in case the witness shall in the opinion of the Court prove adverse contradict him by other evidence, or by leave of the Court prove that he has made at other times a statement inconsistent with his present testimony, but before such last mentioned proof can be given the circumstances of the supposed statement suffi- cient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

13. If a witness in any proceedings upon cross-exami- nation as to a former statement made by him relative to the subject matter of the proceedings and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the cir- cumstances of the supposed statement, sufficient to de- signate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.

14. A witness in any proceedings may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the proceed- ings without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him; Provided always, that it shall be competent for the Court, at any time during the trial or hearing of the proceedings to require the pro- duction of the writing for its inspection, and the Court may thereupon make such use of it for the purposes of the trial or hearing as it shall think fit.

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