THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
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48. Every solemn affirmation and declaration or de-. claration alone shall be of the same force and effect as an oath in the usual form.
PART VII.-Perjury, &c.
49. Every person making or subscribing any solemn affirmation and declaration or declaration who shall wilfully falsely and corruptly affirm declare or subscribe any matter or thing which if the same had been sworn would have amounted to wilful and corrupt perjury shall incur the same penalties as by any law or ordinance in force within the Colony, is or may be provided or enacted for the punish- ment of wilful, and corrupt perjury.
50. Where two or more contradictory statements of fact or alleged fact, material to the issue or matter in question, have been wilfully and knowingly made by one and the same witness in any proceeding before the Court either at the same examination or at two or more examinations, and whether before the same Court or person or before any other Court or person and whether the respective truth or falsehood of the said statements can be ascertained or not, an information may be preferred against him, charging him with having, on the day or days of his said examination or examinations wilfully and knowingly made the said con- flicting or contradictory statements, and setting forth the short material purport or effect thereof respectively and upon conviction thereof either in whole or in part such witness shall be liable to the penalties of perjury.
51. Any person tendering in evidence in any proceedings in this Colony any such affidavits affirmations or notarial acts as are mentioned or referred to in the 28th section of this Ordinance which are proved to be false knowing the same to be false shall upon conviction thereof be liable to the penalties of perjury.
52. If any false document within the meaning of the 28th section of this Ordinance shall have been tendered in evi- dence or the statements in the 50th section mentioned or the last of them shall have been so made before the Supreme Court or before a Police Magistrate such Court or Magis- trate may if it or he shall think fit either direct a prosecu- tiou of the same offence for perjury and commit the offender unless he shall give bail for trial at the next Criminal Ses- sions of the Supreme Court, or treat the same as contempt of Court and forthwith proceed summarily to punish the same either by fine not exceeding for every such offence $200 or by imprisonment with or without hard labour for a term not exceeding six months which punishment shall be in lieu of all other penalties.
53. If any officer authorized or required by this Ordinance to furnish any certified copies or extracts, shall wilfully cer- tify any document as being a true cópy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of a misdemeanour, and be liable, upon conviction, to imprisonment for any term not exceed- ing eighteen months.
54. If any person shall forge the seal, stamp, or signa- ture of any document in this Ordinance mentioned or referred to, or shall tender in evidence any such document with a false or counterfeit seal, stamp, or signature thereto, know- ing the same to be false or counterfeit, he shall be guilty of felony, and shall upon conviction be liable to imprisonment for seven years and not less than one year with or without hard labuor, and whenever any such document shall have been admitted in evidence by virtue of this Ordinance, the Court or the person who shall have admitted the saine, may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of such officer of the Court or other proper person, for such period, and subject to such conditions, as to the said Court or person shall seem meet.
PART VIII.-Miscellaneous.
55. It shall be lawful for the Governor or any judge of the Supreme Court in any case where he may see fit to do so upon application by affidavit to issue a warrant or order under his hand for bringing up any prisoner or person con- fined in any gaol or prison or place in the Colony under any sentence or under commitment for trial or otherwise (ex- cept under process in any civil proceedings) before any Court Judge Magistrate or other judicature to make his defence or to be examined as a witness in any proceedings depending or to be inquired of or determined in or before such Court Judge Magistrate or judicature; and the person
Effect of affir- muation, decla- ration, &c. (No. 6 of 1855,. s. 19.)
False afirma- tions and declarations. (No. 6 of 1855, s. 19, 77, No. 9 of 1960 s. 4, 17 and 18 V. c. 125, 24 and 25 V. c. 66 s. 2.)
*Contradictory statements by the same
. witness may
be punished as perjury if material to the issue. (No. 7 of 1837 a. 6.)
Tendering
false affidavits, &c. made in pursuance of
6, Geo. IV. c. 87, and 18 and 19 V. c. 42.
(No. 7 of 1857, 8. 2.)
Punishment for tendering in evidence false docu- ments or making con- tradictory statement of fact.
(7 of 57 s. 7.)
Certifying a false docu- ment a mis- demeanour. (No. 3 of 1852 B. 9, 14 and 15 V. c. 99 s. 15.)
Persons
forging seal, stamp, or signature of certain docu-
or
fully
same
of
(No. 3 of 1852
8 and 9 V. c. 113 B. 4,
A.
14 and 15
V. c. 99 a. 17, 17 and 18 V. c. 42 8. 5 No. 7 of 1857 B. 1.)
Warrant or order to bring up prisoner to give evidence. (16 and 17 V. c. 30 8. 9.)
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