1901_EVIDENCE_ORDINANCE__1889 — Page 11

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Provision for prisoner being present at taking of statement.

30 & 31 Vict. c. 35 s. 7.

Use of answers of prisoner

No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889.

provided it is proved, to the satisfaction of the Court, that reasonable notice of the intention to take such statement has been served on the person (whether prosecutor, or prisoner, or accused person) against whom it is proposed to be read in evidence and that such person, or his counsel or solicitor, had or might have had, if he had chosen to be present, full opportunity of cross-examining the deceased person who made the same.

33. Whenever a prisoner in actual custody has been served with or has received notice of an intention to take such statement as is mentioned in the last preceding section, the Judge or Magistrate by whom the prisoner was committed, or the Visiting Justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, and the expenses, if any, of such conveyance shall be paid out of the funds applicable to the other expenses of the prison from which the prisoner has been conveyed.

34. All examinations in pursuance of the Oral Examination of Prisoners Ordinance, 1873, by the committing Magistrate of any prisoner or accused person who is thereafter committed for trial at any Criminal Session of the Supreme Court shall be laid by the Judge as evidence before the jury at the trial.

No. 5 of 1873.

Reception in evidence of Statement of accused person.

11 & 12 Vict. c. 42 s. 18.

35. The answers given by any prisoner or accused person to any questions put to him by the Judge during the trial before the Supreme Court in pursuance of the Oral Examination of Prisoners Ordinance, 1873, may be put in or treated as evidence in the case, in the discretion of the Judge.

36. In case of proceedings with a view to committal for trial at the Supreme Court, if, after the examination of all the witnesses on the part of the prosecution has been completed before a Magistrate or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, any voluntary statement is made by the prisoner or accused person before such Magistrate or officer of Her Majesty as aforesaid, it shall be lawful for any Judge of the Supreme Court, and he is hereby required, to allow such statement to be read and received in evidence at such trial, on the presiding Judge being satisfied that the following conditions have been in each case complied with, namely,—

(1.) that, prior to such statement having been made, the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, read or caused to be read, or, where necessary, interpreted to the prisoner or accused person the caution required by “The Criminal Procedure Ordinance, 1873,” and that the prisoner or accused person stated that he was willing to make a statement;

(2.) that the statement was made voluntarily and in the presence of a Magistrate or other officer of Her Majesty having jurisdiction in the matter;

(3.) that a written record was made of such statement in the presence of such Magistrate or officer, and that such record was read over to the prisoner or accused person and signed by him in the presence of such Magistrate or officer;

(4.) that a copy of such written record was served upon the prisoner or accused person a reasonable time before the trial.