1064
THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
Tendering false
affidavits, &c. made in
pursuance of 6, Geo. IV.
c. 87, and 18 and 19 V. c. 42. (No. 7 of 1857, B. 2.)
Punishment for tendering in evidence false docu-
ments or making con- tradictory statement of fact.
(7 of 57 %. 7.
Certifying false docu- ment & mis- demeanour. (No. 3 of 1852 8.9, 14 and 15 V. c. 99 s. 15.)
Personis forging seal, stamp, or signature of certain docu- ments, or wilfully
uttering same guilty of felony. (No. 3 of 1852 6. 11, 8 and 9 V. c. 113 s. 4, 14 and 15 V. c. 99 8. 17, 17 and 18 V. c. 42 B. 5 No. 7 of 1857 6. 1.)
Warrant or order to bring up prisoner to give evidence. (16 and 17 V, eh 4, 2, 3
Nothing
herein to interfore
with the Law of Wills, (No. 3 of 1852 H. 12.)
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 cither direct a prosecu- tion 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 copy 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.
1
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 same, 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 required by any such warrant or order to be so brought before such Court Judge Magistrate or other judicature shall be so brought under the same care and custody and be dealt with in like manner in all respects as a prisoner required by any writ of habeas corpus awarded by the Supreme Court to be brought before such Court to be examined as a witness in any cause or matter depending before such Court as is now by law required to be dealt with.
66. Nothing herein contained shall repeal any provision contained in chapter twenty-six of the statute passed in the session of Parliament holden in the seventh year of the reign of King William the fourth and the first year of the reing of Her present Majesty.
ORDINANCE.
No. 3 of 1852.
No. 3 of 1854,
No. 6 of 1856,
No. 5 of 1856.
No. 3 of 1857,
No. 7 of 1857.
No. 2 of 1860,
No. 6 of 1864,
No. 3 of 1865, No. 13 of 1873, No. 18 of 1873, - No. 3 of 1885,
SCHEDULE.
PART REPEALED.
The whole.
So much as relates to 6 and 7 V. c. 85.
s. 18, 19, 20, 21, 22, 23, 24, 25, 26 and 77.
ss. 4, 10 and so much as relates to 16
and 17 V. c. 83.
So much as relates to 19 and 20 V. c.
113.
The whole.
s. 2, 3. 4.
The whole.
s. 25 to 30 (inclusive).
ss. 54. sub. 6, s. 55.
ss. 4 and 7.
The whole.
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