1901_EVIDENCE_ORDINANCE__1889 — Page 1

630

No. 2.]

THE ORDINANCES OF HONGKONG: [A.D. 1889.

ORDINANCE No. 2 OF 1889.

591904

A.D. 1889. AN ORDINANCE to consolidate the Law of Evidence. prob

Ordinance No. 2 of 1889.

Short title.

Interpreta-

tion of terms. 14 & 15 Vict. c. 99 s. 16.

Incompet- ency from

immature age or unsound. ness of mind.

BE

[18th January, 1889.]

E it enacted by the Governor of Hongkong, with the advice and

consent of the Legislative Council thereof, as follows:-

Preliminary Provisions.

1. This Ordinance may be cited as the Evidence Ordinance, 1889.

2. In this Ordinance, unless the context otherwise requires,—

"The Court" includes the Chief Justice and the Puisne Judge of the Supreme Court, also every judge, coroner, magistrate, justice, officer of any Court, commissioner, arbitrator, or other person now or hereafter having, by law or by consent of parties, authority to hear, receive, and examine evidence in the Colony with respect to or concerning any action, suit, or other proceeding, civil or cri- minal, or with respect to any matter submitted to arbitration or ordered to be inquired into or investigated under any Commission: "Judge" means a judge of the Supreme Court:

"Bank" means any corporation, company, or society established by charter or under or by virtue of any Act of Parliament or Ordi- nance lawfully carrying on the business of bankers, or any foreign banking company carrying on business in this Colony and recog- nized as such for the purposes of this Ordinance by an order of the Governor-in-Council published in The Gazette:

“Banker's book“ includes any ledger, day book, cash book, account. book, or any other book used in the ordinary business of the bank.

PART I.

ADMISSIBLE WITNESSES AND EVIDENCE.

3. The following persons only shall be incompetent to give evidence in any proceedings:

(1.) children under seven years of age, unless they appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly; and

(2.) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respect- ing which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the Court or person before whom his attendance is required.

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