1890_DEPOSITIONS_OF_WITNESSES_ORDINANCE — Page 1

654

ORDINANCE No. 6 OF 1864.

Depositions of Witnesses.

Title.

Preamble.

Section 4 of Ordinance No. 7 of 1857 repealed. Depositions of

persons who have died or who are absent or who from other

spécified cause. cannot be produced, as witnesses in any criminal

prosecution, may, In certain caseS, be read in

sevidenco.

What shall be decmed primâ Jacie proof of examination

having been duly taken.

No. 6 of 1864.

An Ordinance to render admissible in certain cases the Depositions of Witnesses who cannot be produced at the Trial, and to make Provision for the reception in Evidence of the Statements of the accused.

WH

[30th April, 1864.] . HEREAS the circumstances of this Colony are such as to render it necessary, in order to prevent a failure of justice, that more effectual provision should be made for receiving in evidence in certain cases, the depositions of witnesses which shall appear to the Court to have been duly taken, as also the statements of the accused: Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:

1. Section 4 of Ordinance No. 7 of 1857 shall be and the sanie is hereby repealed.

2. Whenever it shall be proved, by the oath of any credible witness, or shall in any other manner whatsoever, appear to the satisfaction of the Supreme Court, that the Attorney General, or other person conducting a criminal prosecution on behalf of the Crown, is unable to produce, at the trial of the accused, any person as a witness, in consequence of the death of such person, or of his absence from the Colony, or of the impracticability of serving process upon him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the accused, or of his being domiciled in a country, the laws of which prohibit his absenting himself therefrom, or which he shall refuse to quit after application made to him in that behalf; and if it also appear that such person was examined before a Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, and that the usual oath, affirmation [or declaration was administered: Repealed by Ordinance No. 9 of 1864 and new words substituted] to such person prior to his examination, and that the examination was taken in the presence of the accused, and that he or his counsel or attorney had a full opportunity of cross-examining such person, and that the examination of such person was reduced into writing and read over to and signed by the person examined, and also by the Magistrate or other officer of Her Majesty as aforesaid, and that such examination or a copy thereof is in the custody of the Supreme Court, it shall be lawful for the Supreme Court and it is hereby required to allow to be read and received in evidence, in such prosecution, so much of the examination taken as aforesaid as would have been admissible, according to the law and practice of the Supreme Court, had the said person been produced and examined before the said Court, in the ordinary and accustomed manner.

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3. If the Attorney General, or other person conducting a criminal prosecution, on behalf of the Crown, shall, at the trial of any person accused, apply to the Court for leave to read as evidence, in such prosecution, the examination of any person, and it shall appear from the Registrar or Deputy Registrar or other competent officer of