721281-1860-HONG-KONG-ANNO-VICESIMO-QUARTO-VICTORLE-REGINE-NO-OF-1860 — Page 2

60.

Governor › authorize to defray

Passenger ich Ships,"

Question- I accommo- Passengers

F

respecting

ill do pass, 8 of 1858,

INSON,

Council held >ading of the

STRO,

it, Governor

2

s, and Vice-

ong.

ditional

1860.]

grant Con-

10 Colony of Governor of

THE HONGKONG GOVERNMENT GAZETTE, 25г FEBRUARY, 1860.

37

condition of Offenders

I. It shall be lawful for His Excellency the Governor to grant to any Offender, Governor may grant convicted of any crime, a Pardon subject to either of the following Conditions, as the case pardons subject to may be; That such Offender shall quit the Colony of Hongkong and not afterwards be leaving the Colony, &c. found at large therein; Or, that such Offender shall, in lieu of the Sentence of Death which may have been passed or recorded upon him or her, by any Court of competent jurisdiction, suffer such term of Imprisonment or Penal Servitude as His Excellency may think fit.

received a Conditional

Colony may be com-

II. Should any Offender to whom a Pardon has been granted on condition of his Offenders who have or her quitting the Colony be afterwards found at large therein, contrary to such condi-pardon if found in the tion, it shall be lawful for any Police Officer to apprehend such Offender and convey mitted to the remain- him or her before a Magistrate, who shall make out a Warrant, under his hand and der of their original seal, for the recommitment of such Offender to Prison, there to undergo the residue of sentence. his or her original sentence, as if no Pardon had been granted.

HONGKONG.

ANNO VICESIMO TERTIO VICTORIÆ REGINÆ.

No.

of 1860.

By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.

An Ordinance to amend the Law relating to Jurors and Witnesses.

[ February, 1860.]

Whereas it is expedient to provide one Form of Declaration to be made or taken in Courts of Justice in Hongkong by all Persons not being Christians: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Preamble.

Persons not being Christians summoned

I. Every Person not being a Christian who may be summoned to serve as a Juror in any case, whether Civil or Criminal, may, in lieu of the Form of Oath now required to to serve on Juries may be taken, make the following Declaration:

68

“I (A. B.) do solemnly, sincerely and truly declare, that I will hearken to the Evidence, and a true Verdict give, to the best of my skill and knowledge, without "fear, favour or affection.”

mako Declaration in Kieu of Oath.

Christiana may make

II. Every Person not being a Christian, who may be summoned or appear to give Witnesses not being evidence in any Proceeding, Civil or Criminal, may, in lieu of an Oath, make the follow- Declarations in lieu ing Declaration, which shall be duly interpreted to every Witness ignorant of the Eng-of Oath, lish language:

"I (A. B.) do solemnly, sincerely and truly declare, that the Evidence which "I am about to give shall be the truth, the whole truth, and nothing but the truth." III. Every Person not being a Christian, who shall make any Affidavit, Information, Persons not being Deposition or Testification, shall, in lieu of an Oath, make and subscribe the following Declaration :-

Christians making Affidavits,scc.,to make Declarations in lieu of

Oath.

1857 repealed.

"I hereby solemnly and sincerely declare, that the contents of this my [Affi- davit, Information, Deposition or Testification, as the case may be] are true.” IV. Section V of Ordinance No. 7 of 1857 shall be and is hereby repealed, and Sect. 5 of No. 7 of in lieu thereof be it enacted, that if any Person making or subscribing any solemn De- Persons making claration hereby provided as a substitute for an Oath, shall wilfully, falsely and corruptly false Declarations, &c. declare or subscribe any matter or thing which if the same had been sworn would have jury. amounted to wilful and corrupt Perjury, every such Person so offending shall incur the same Penalties as by any Law or Ordinance in force within this Colony is, or which may be provided or enacted for the punishment of any Person committing wilful and corrupt Perjury.

V. Every Jury List in force within the Colony shall contain the Christian or other Names by which such Persons are usually known, together with the Surnames of all men who shall be qualified and liable to serve on Juries, whether such Names shall have been delivered in writing in accordance with Section II of Ordinance No. 3 of 1855, or have been inserted therein by the Sheriff or by the Governor and Council.

to be guilty of Per-

Jury List.

liable to serve on any

VI. So much of Section XI of Ordinance No. 4 of 1851 as provides that the, Special Jurors not Persons marked off and designated as Special Jurors shall be liable to serve both as common Jury. Special and Common Jurors, shall be and is hereby repealed; and be it enacted in lieu thereof, that every such Special Juror shall be exempt from serving on any Common Jury.