632
discrediting of his own witness by party.
17 & 18 Vict. c. 125 s. 22;
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889.
ed to impeach his credit by general evidence of bad character, but he may, in case the witness, in the opinion of the Court, proves adverse, contradict him by other evidence or, by leave of the Court, prove that he has made at other times a statement inconsistent with his present testimony, 28 & 29 Vict. c. 18 s. 3.
Proof of contradictory statement of adverse witness.
12. If a witness in any proceedings, on cross-examination as to a former statement made by him relative to the subject-matter of the proceedings and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but, before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
17 & 18 Vict. c. 125 s. 28; 38 Vict. c. 18 s. 1.
Cross-examination as to previous statement in writing.
c. 125 s. 24: 28 & 29 Vict. c. 18 s. 5.
13. A witness in any proceedings may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject-matter of the proceedings, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always that it shall be competent for the Court, at any time during the trial or hearing of the proceedings, to require the production of the writing for its inspection, and the Court may thereupon make such use of it for the purposes of the trial or hearing as it may think fit.
14 & 15 Vict. c. 99 s. 13; 17 & 18 Vict. c. 125 s. 25; 28 & 29 Vict. c. 18 s. 6; 34 & 35 Vict. c. 112 s. 18.
Proof of conviction and previous conviction for indictable offence.
14. A witness in any proceedings may be questioned as to whether he has been convicted of any felony or misdemeanor, and, on being so questioned, if he either denies or does not admit the fact or refuses to answer, it shall be lawful for the cross-examining or opposite party to prove such conviction, and in such case, and also whenever it may be necessary to prove the trial and conviction or acquittal of any person charged with an indictable offence, a certificate, record, or extract of the conviction containing the substance and effect only (omitting the formal part) of the conviction for such offence, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was convicted, or acquitted, or by the deputy of such clerk or officer, shall, on proof of the identity of the person, be sufficient evidence of such conviction or acquittal, without proof of the signature or official character of the person appearing to have signed the same.
A.D. 1889.
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632
discrediting of his own witness by party.
17 & 18 Pict.
c. 125 s. 22;
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889.
ed to impeach his credit by general evidence of bad character, but he may, in case the witness, in the opinion of the Court, proves adverse, contra- diet him by other evidence or, by leave of the Court, prove that he has made at other times a statement inconsistent with his present testimony, 28 & 29 Vict. but, before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
c. 18 s. 3.
Proof of con- tradictory
statement of
adverse
witness.
12. If a witness in any proceedings, on cross-examination as to a former statement made by him relative to the subject-matter of the proceedings and inconsistent with his present testimony, does not dis- 17 & 18 Fict. tinctly admit that he has made such statement, proof may be given that he did in fact make it; but, before such proof can be given, the circum- stances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whe- ther or not he has made such statement.
c. 125 s. 28;
38 Fict. c. 18 s. 1.
Cross- examination
as to previous statement in writing.
c. 125 s. 24: 28 & 29 Tict. c. 18 s. 5.
13. A witness in any proceedings may be cross-examined as to pre- vious statements made by him in writing or reduced into writing, relative to the subject-matter of the proceedings, without such writing 17 & 18 Viet. being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always that it shall be competent for the Court, at any time during the trial or hearing of the proceedings, to require the production of the writing for its inspection, and the Court may thereupon make such use of it for the purposes of the trial or hearing as it may think fit.
Proof of conviction and previous conviction for
indictable offence.
14 & 15 Vict. c. 99 s. 13;
17 & 18 Fiet. 28 & 29 Tict.
c) 125 s. 25 ;
c. 18 s. 6; 34 & 35 Vict. c. 112 s. 18.
14. A witness in any proceedings may be questioned as to whether he has been convicted of any felony or misdemeanor, and, on being so questioned, if he either denies or does not admit the fact or refuses to` answer, it shall be lawful for the cross-examining or opposite party to prove such conviction, and in such case, and also whenever it may be necessary to prove the trial and conviction or acquittal of any person charged with an indictable offence, a certificate, record, or extract of the conviction containing the substance and effect only (omitting the formal part) of the conviction for such offence, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was convicted, or acquitted, or by the deputy of such clerk or officer, shall, on proof of the identity of the person, be sufficient evidence of such conviction or acquittal, without proof of the signature or official character of the person appearing to have signed the
same.
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