662911-1888-Chinese-Emigration-Consolidation-Bill — Page 26

THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

9. Nothing in this Ordinance contained shall render any person who in any criminal proceeding is 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.

15. A witness in any proceedings may be questioned as to whether he has been convicted of any felony or misde- meanour, and, upon being so questioned, if he either denies or does not meet the fact or refuses to answer, it shall be lawful for the cross-examining or opposite party to prove such conviction and in such case and whenever it may be necessary to prove the trial and conviction or acquittal of any person charged with an indictable offence a certificate, record or extract of the conviction containing the substance and effect only (omitting the formal part) and the conviction for such offence, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person, be sufficient evidence of the said conviction without proof of the signature or official character of the person appearing to have signed the same. 16. It shall not be necessary in any proceedings to prove by the attesting wituess any instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission, or otherwise, as if there had been no attesting witness thereto.

17. Comparison of a disputed writing with any writing proved to the satisfaction of the Court to be genuine shall be permitted to be made by witnesses in any proceedings and such writings, and the evidence of witnesses respecting

Self-crimina- tion of witness (No. 3 of 1852

s. 2, 14 and 15, V. ». 19 8. 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 s. 3.)

Parties in

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

How far a party may discredit his own witness. (No. 6 of 1855 8. 21, 17 and 18 V. c. 125 s. 22. 28 and 29 V. c. 18 s. 3.)

Proof of con- trudi tory statements of adverse witness, (No. 6 of 1855 s. 22 17 and 18 V. c. 125 s. 23, 38 V. c. 18 6. 4.)

Cross- examination as to previous statements in writing.

(No. 6 of 1855 §. 23, 17 and I V. c. 125. s. 21, 28 and 29 V. c. 18 s. 5.)

Proof of previous con- victions. (No. 6 of 1855

E. 24, 14 and 15

V.

c. 99 s. 13,

17

and 18

V. c. 125 s. 25,

and 29 V. c. 18. 6,

3 of 52. § 7. 34 and 35, V. c. 112 & 18.)

Artesting witness need not be called except in

certain cases. (No. 6 of 1855 8. 25, 17 and 18 V. c. 125 s. 26, 28 and 29

V. c. 18 s. 7.)

Comparison of disputed writing. (No. 6 of 1855 À. 26, 17 and 13 V. c. 125 s. 27. 28 and 29 V. o. E s. 8.

1055