657418-1889-Ordinances-1-to-8-assented-to-Dr-J-C-Thomson-registered — Page 26

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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889:

Affidavits before Ambassadora. (No. 7 of 1857, 8. 3.)

Documents to

be admitted in evidence without proof of the seal or signature or official character of

the ambas- sador or other

official person. (18 and 19 V. c. 42 s. 3, No. 7 of 1857 B. I.)

Courts to take judicial notice of signature of judges of Supreme Court, &c. (8 and 9

V. c. 113 8. 2.)

Depositions of persons who have died or who are absent or who from other specified cause cannot be produced as witnesses in any criminal prosecution, may, in cer- tain cases, be read in evidence. (No. 6 of 1864 2, 11 and 12 V. c. 42 s. 17.)

What shall be deemed prima facie proof of examination having been duly taken. (No. 6 of 1864, E. 3.)

and shall be of the same force and effect, as affidavits and affirmations taken in or before the Supreme Court or by any person duly commissioned or authorised by such Court to take such affidavits or affirmations, and shall be filed and dealt with accordingly.

29. All documents whatsoever legally and properly filed or recorded in any Foreign Court of Justice or Consulate according to the law and practice of such Court. or Consulate and all copies of such documents shall be admis- sible in evidence in the Court upon being proved in like manner as any documents filed or recorded in any Foreign Court are procurable under this or any other Ordinance; and documents whatsoever so filed or recorded in any Foreign Court or Consulate and all copies of such docu- ments shall when so proved and admitted, be holden au- thentic and effectual for all purposes of evidence as the same would be holden in such Foreign Court or Consulate.. 30. Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal and signature of any British ambassador, Envoy, Minister, Chargé d'Affaires, Secretary of Embassy or of Legation, Consul-General, Consul, Vice-Consul Acting Consul, pro-Consul, or Con- sular Agent, in testimony of any such oath, affidavit, affir- mation, or act having been administered, sworn, affirmed, had, or done by or before him under the Acts mentioned in the last section shall be admitted in evidence without proof of any such seal and signature being the seal and signature of the person whose seal and signature the same purports to be, or of the official character of such person.

31. All courts, judges, magistrates, justices of the peace, officers of the Courts, commissioners acting judicially and other judicial officers within the Colony shall hence forth take judicial notice of the signature of the judges of the Supreme Court and of the judges of the Vice-Admiralty Court: Provided such signature be attached or appended to any decree, judgment, order, certificate, or other judicial or official document.

PART IV.-Depositions.

32. Whenever it shall be proved, by the oath affirma- tion or declaration of any credible witness, or shall in any other manner whatsoever, appear to the satisfaction of the Supreme Court, that the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, is unable to produce at the trial of the pri- soner or accused, any person as a witness, in consequence of the death of such person, or of his absence from the Colony, or of the impracticability of serving process upon him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the prisoner or accused, or of his being do- miciled in a country, the laws of which prohibit his absent- ing himself therefrom, or which he shall refuse to quit after application made to him in that behalf; and if it also appear that such person was examined before a Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, and that the usual oath, affirmation, declaration, or warning was administered to, made by, or given to such person prior to his examination, and that the examination was taken in the presence of the prisoner or accused, and that he or his counsel or solicitor was asked if he wished to cross-examine and had a full opportunity of cross-examining or did actually cross-examine such person, and that the examination of such person was reduced into writing and read over to and signed by the person examined, and also by the Magistrate or other officer of Her Majesty as aforesaid, and that such examination or a copy thereof is in the custody of the Supreme Court, it shall be lawful for the Supreme Court and it is hereby required to allow to be read and received in evidence, in such prosecution, so much of the examination so taken as aforesaid as would have been admissible, according to the Law and Practice of the Supreme Court, had the said person been produced and examined before the said Court, in the ordinary and accus- tomed manner.

33. If the Attorney-General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, shall at the trial of any person accused apply to the Court for leave to read as evidence, in such prosecution, the examination of any person, and it shall appear from the Registrar or Deputy Registrar or other proper officer of the said Court that the depositions, including the examination of such person, or a 'copy thereof, are in the custody of the said Court, and if it shall appear from the perusal of such