1901_EVIDENCE_ORDINANCE__1889 — Page 15

644

No. 2.]

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

£

PART V.

Administra- tion of oath

OATHS, AFFIRMATIONS, ETC.

42. The Court is hereby empowered to administer an oath to all such by the Court. persons as are legally called or appear voluntarily before it.

14 & 15 Vict. c. 99 s. 16.

lieu of oath.

17 & 18 Fict. c. 125 s. 20; 24 & 25 Tiet. c. 66 s. 1.

43. If any person, not being a native of China, who is called as a Affirmation in witness to give viva voce evidence, or is required or desires to make an affidavit or deposition, in any proceedings refuses or is unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or the person qualified to take affidavits or depositions, on being satisfied of the sincerity of such objection, to permit such person instead of being sworn to give evidence or to make such affidavit or deposition as aforesaid as follows :

Declaration by non-

Christian or non-Jew in lieu of oath.

(1.) in the case of eleâ ence evidence, he shall make the following

affirmation and declaration:

“I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of an oath is according to my religious belief unlaw- ful; and I do solemnly, sincerely, and truly affirm and declare that the evidence which I am about to give shall be the truth, the whole truth, and nothing but the truth"; and

(2.) in the case of an affidavit or deposition or other document required to be sworn, he shall make and subscribe the following affirmation and declaration :

“I, 1. B., do solemnly, sincerely, and truly affirm and declare that the taking of an outh is according to my religious belief unlaw- ful; and I do solemnly, sincerely, and truly affirm and declare"

etc.

44. Every person, not being a Christian or of the Jewish religion, who is called as a witness to give ried vore evidence, or is required or de- sires to make an affidavit or deposition, in any proceedings shall in lieu of an oath make his declaration, which shall be duly interpreted to every witness who is ignorant of the English language, in the manner follow- ing:

(1.) in the case of cirà core evidence, he shall make the following

declaration:---

“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";

(2.) in the case of an affidavit or deposition or other document re- quired to be sworn, he shall make and subscribe the following declaration :-

“I, A. B., do solemnly and sincerely declare that the contents of this my

affidavit [or information, or deposition, or testifiention, or

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