662911-1888-Chinese-Emigration-Consolidation-Bill — Page 31

1060 THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

Power to take deposition of person dan- gerously ill, and not likely

10 recover, and

to make evidence in

certain events, after death of such person, (30 and 31

V. c. 3, s. 6.)

Pro ision for The prisoner being present at taking of statement... (30 and 31

V. c. 33 8.7.)

Examination by Magistrate, evidence nt tria) (No. 18 of 1873, 5.4 Judian Crimi→

nal Code No. 10 of 1872.

& 249.)

Auswers of

prisoner and accused,

(No. 18 of 1873. s. 7. Indian Criminal Code No. 10 of 1872, s. 193.)

Statement of accused, when receivable in evidence, (No. 6 of 1864 A. 5. 11 and 12 V. c. 42, s. 18)

35. And whereas it may happen that a person danger- ously ill and unable to travel, may be able to give material and important information relating to an indictable offence or to a person accused thereof, and it may not be practicable or permissible to take in accordance with the provisions of the foregoing sections 32 and 33 the examination or deposi- tion of the person so being ill, so as to make the same available as evidence in the event of his or her death before the trial of the prisoner or accused and it is desirable in the interests of truth and justice that means should be provided for perpetuating such testimony, and for rendering the same available in the event of the death of the person, whenever it shall be made to appear to the satisfaction of any Magistrate or Justice of the Peace that any person dangerously ill, and in the opinion of some registered medical practitioner, not likely to recover from such illness, is able and willing to give material information relating to an indictable offence or relating to any person accused of any such offence, and it shall not be practicable for any Magistrate or other officer of Her Majesty as aforesaid to take an examination or deposition in accordance with the provisions of said sections 32 and 33 of this Ordinance of the person so being ill, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing the statement on oath, affirmation, or declaration of such person so being ill, and such Magistrate or justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons (if any) present at the taking thereof, and, if the same shall relate to any indictable offence or for which any accused person is, already committed or bailed to appear for trial, shall transmit the same with the said addition to the proper officer of the Court for trial at which such prisoner or acensed shall have been so com- mitted or bailed; and in all other cases he shall transmit the same to the Registrar of the Supreme Court who is hereby required to preserve the same, and file it for record ; · and if afterwards, upon the trial of any offender or offence to which the same may relate, the person who made the same statement shall be proved to be dead, or if it shall be proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the prisoner or accused, without further proof thereof, if the same purports to be signed by the Magistrate or jus- tice by or before whom it purports to be taken, and pro- vided it be proved to the satisfaction of the Con't that rea- sonable notice of the intention to take such statement has heen served upon the person (whether prosecutor or prisoner, or accused) against whom it is proposed to be read in evidence and that such person, or his counsel or solicitor, had or might have had, if he had chosen to be present, full oppor- tunity of cross-examining the deceased person who made the same.

36. Whenever a prisoner in actual custody shall have been served with or shall have received notice of an inten- tion to take such statement as in the last section mentioned, the judge or Magistrate by whom the prisoner was com- mitted, or the visiting justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, and the expenses (if any) of such conveyance shall be paid out of the funds applicable to the other expenses of the prison from which the prisoner shall have been conveyed.

37. All examinations in pursuance of Ordinance No. 18 of 1873 by the Committing Magistrate of any prisoner or accused who is thereafter committed for trial at the Criminal Sessions of the Supreme Court shall be laid by the judge as evidence before the jury at the trial.

38. The answers given by any prisoner or accused to any questions put to him by the judge during the trial be- fore the Supreme Court in pursuance of Ordinance No. 18 of 1873 may be put in or treated as evidence in the case in the discretion of the judge.

39. In case of proceedings with a view to committal for trial at the Supreme Court, if after the examination of all the witnesses on the part of the prosecution shall have been completed before a Magistrate or other officer of Her Majosty to whom the cognizance of the crime or offence