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What Rules of Evidence to be observed.
False Witness to be Summarily punished.
Practice of the Court.
Rules and Orders to be made for Regu-
lating the Procedure of the Court.
Privilege of Barristers and Attornies.
Trial may take place
THE HONGKONG GOVERNMENT GAZETTE, 23RD MAY, 1868.
XXVI. The Rules of Evidence observed in the Supreme Court in its Criminal Jurisdiction shall, except as herein specially provided, and until otherwise provided by competent Authority in that behalf, be applicable to, and observed in, the Trial of all Questions of Fact in the High Court.
XXVII. Every Person who upon any Examination upon Oath or upon
Affirmation or Declaration before the High Court shall in its Opinion have wilfully and corruptly given false Evidence shall be sentenced without further Trial to a Term of Imprisonment not exceeding Eighteen Months with or without Hard Labor.
XXVIII. The Practice of the High Court shall except where otherwise herein provided or by the Rules or Orders to be from Time to Time made and approved under the Provisions hereof, be, so far as the Circumstances of the Case will admit, according to the present Practice of the Supreme Court.
XXIX. And to the End and Intent that the Procedure and Practice of the High Court may be of the most Simple and Expeditious Character, it shall be lawful for the Chief Justice to make, and he is hereby required to make, and from Time to Time to amend all necessary Rules and Orders, for Regulating the Procedure and Practice of the Court, and generally for carrying the Provisions of this Ordinance into effect, but the same respectively shall not be deemed binding until the same shall be revised and approved of by the Legislative Council.
XXX. Barristers and Attornies shall respectively have and enjoy the like Privilege of practising before, and be subject to the like Authority of the Court as they have and enjoy, and are subject to in the Supreme Court.
XXXI. Every Person triable before the said High Court shall be committed for before Supreme Court. trial and shall be tried before the Supreme Court, unless the Attorney General shall
otherwise direct.
Commutation of •
Power to flog.
XXXII. Whenever Sentence of Death shall have been pronounced by the said Capital Punishment. Supreme Court or by the said High Court upon any Prisoner, and such Sentence shall be commuted by the Governor, it shall be lawful for the Governor in Council to order that such Prisoner be Once, Twice or Thrice publicly or privately flogged in the manner and subject to the Conditions and Restrictions prescribed and imposed with respect to Flogging under Ordinance No. 12 of 1865.
Ordinances No. 9 of 1866 and
No. 12 of 1867 repealed.
Inconsistent Laws, &c., of no Force in Hongkong. Saving of Jurisdiction of Supreme Court.
No. 4.
XXXIII. Ordinances No. 9 of 1866 and No. 12 of 1867, are hereby repealed.
XXXIV. All Local Laws, Statutes, Ordinances and Usages inconsistent with the Provisions of this Ordinance shall be and the same hereby are declared to be of no Force and Effect whatsoever within the Colony of Hongkong; Provided always that nothing herein contained shall be construed in any way to take away, abridge, or affect the Jurisdiction now exercised by the Supreme Court.
Passed the Legislative Council of Hongkong, this 22nd Day of May, 1868.
L. D'ALMADA E CASTRO,
Clerk of Councils.
PROCLAMATION.
[L.S.] RICHARD GRAVES MACDonnell.
By His Excellency SIR RICHARD GRAVES MACDONNELL, Knight, and Companion of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same.
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Whereas by Section I of Ordinance No. 1 of 1868, entitled-"An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make Provision for the more effectual "Suppression of Piracy," it is enacted as follows:--
"This Ordinance shall commence and take effect on such Day as shall hereafter be fixed by Proclamation under the Hand of the Governor:'
Now, therefore, I, SIR RICHARD GRAVES MACDONNELL, Governor of the Colony of Hongkong, in pursuance of the said Section and by virtue of the authority thereby in me vested, do hereby under my hand Proclaim that the said Ordinance shall commence and take effect from this date.
By His Excellency's Command,
GOD SAVE THE QUEEN.
Given at Victoria, Hongkong, this 23rd Day of May, 1868.
J. GARDINER AUSTIN, Colonial Secretary.
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