662911-1888-Chinese-Emigration-Consolidation-Bill — Page 32

THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888. 1061

Note:--Suggested

-66 at such trial" to allow the statement to be read on the part of the prosecu tion or defence.

*Note

Suggested

"the prisoner or accused or his counsel,”

appertained, any voluntary statement shall have been made by the prisoner or accused before such Magistrate or officer of Her Majesty as aforesaid, it shall be lawful for any judge of the Supreme Court, and he is hereby required to allow such statement to be read and received in evidence in such prosecution upon the presiding judge being satisfied that the following conditions had been in each case com- plied with;

(1). That prior to such statement having been made

the Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had read or caused to be read, or, where necessary, had translated, or caused to be translated to the prisoner or accused, the depositions. taken against him.

(2). That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence ap- pertained, had addressed to the prisoner or accused these words, or words to the like effect: "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but what- ever you say will be taken down in writing and may be given in evidence against you upon your trial." (3). That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence ap- pertained, had given the prisoner or accused clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which might have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then said might be given in evidence against him upon his trial notwithstanding such promise or threat. (4). That what the prisoner or accused answered thereto was taken down in writing and read over to him. (5). That the said statement had been kept with, and at the time of the application to receive the same in evidence was in the custody of the Supreme Court in the same manner as the depositions of the witnesses which had been taken in the same matter.

Provided nevertheless, that nothing herein enacted or con- tained shall prevent the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown from giving in evidence any admission or con- fession or other statement of the prisoner or accused, made at any time, which by law would be admissible as evidence against such person.

40. If the Attorney General or other person conducting a prosecution in criminal proceedings on behalf of the Crown* shall at the trial of any prisoner or accused apply to the Court for leave to read as evidence in such prosecution the statement of such person mentioned in the last section, and it shall appear from the Registrar or Deputy Registrar or other competent officer of the said Court that the depositions in- cluding the statement of such person or a copy thereof are in the custody of the said Court, and if such statement shall appear to have been duly taken in compliance with the conditions by the last section imposed, then if such state- ment purports to be signed by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read such statement in evidence with- out further proof of the matters in the section last afore- said, unless it be proved that such statement was not duly taken, or was not in fact signed by the Magistrate or Officer aforesaid purporting to sign the same.

PART V.-Commissions to take Evidence.

41. Where upon an application for this purpose by sum- mons it is made to appear to the Supreme Court or any judge thereof that any of Her Majesty's Courts of competent juris- diction outside the Colony has duly authorised by com-1 mission, order or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such Court or tribunal of any witness or witnesses out of the jurisdiction of such Court or tribunal, and within the jurisdiction of the Supreme Court it shall be lawful for the Supreme Court or any judge thereof to order the examination before the person or persons appointed,

Prima facie proof of state- ment duly taken (No. 6 of

1864, 6.)

Order for examination of witnessUN in the Colony in relation to any suit pending before any tribunal or tribunals of Her Ma- Josly (22 v. c. 20 8, 1.)