1912_EVIDENCE_ORDINANCE__1889 — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

452

No. 2 of 1889.

Courts to take judicial notice of signature of Judges, etc. [8 & 9 Vict. c. 113 s. 2.]

*

EVIDENCE.

such documents, shall be admissible in evidence in the Courts of this Colony on being proved in like manner as any documents filed or recorded in any foreign Court are provable under this or any other Ordinance; and all documents whatsoever so filed or recorded in any foreign Court or consulate, and all copies of such documents, shall, when so proved and admitted, be held authentic and effectual for all purposes of evidence as the same would be held in such foreign Court or consulate.

28. All Courts, Judges, Magistrates, Justices of the Peace, officers of the Courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signature of the Judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document.

Admissibility in evidence

c. 42 s. 17.]

+

PART III.

DEPOSITIONS.

29. Whenever it is proved by the oath of any credible witness, in criminal or in any other manner whatsoever it appears, to the satisfaction proceedings of the Supreme Court, that the Attorney General, or other person conducting a prosecution on behalf of the Crown, is unable to produce at the trial 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 on 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 person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf; and if it also appears from the certificate of the Magistrate or other officer hereinafter mentioned that such person was examined before a Magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath, or warning was administered, or given to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also

* As amended by No. 62 of 1911.

* As amended by No. 51 of 1911, No. 62 of 1911 and No. 63 of 1911.

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452 No. 2 of 1889. Courts to take judicial notice of signature of Judges, etc. [8 & 9 Vict. c. 113 s. 2.] * EVIDENCE. such documents, shall be admissible in evidence in the Courts of this Colony on being proved in like manner as any documents filed or recorded in any foreign Court are provable under this or any other Ordinance; and all documents whatsoever so filed or recorded in any foreign Court or consulate, and all copies of such documents, shall, when so proved and admitted, be held authentic and effectual for all purposes of evidence as the same would be held in such foreign Court or consulate. 28. All Courts, Judges, Magistrates, Justices of the Peace, officers of the Courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signature of the Judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document. Admissibility in evidence c. 42 s. 17.] + PART III. DEPOSITIONS. 29. Whenever it is proved by the oath of any credible witness, in criminal or in any other manner whatsoever it appears, to the satisfaction proceedings of the Supreme Court, that the Attorney General, or other person conducting a prosecution on behalf of the Crown, is unable to produce at the trial 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 on 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 person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf; and if it also appears from the certificate of the Magistrate or other officer hereinafter mentioned that such person was examined before a Magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath, or warning was administered, or given to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also * As amended by No. 62 of 1911. * As amended by No. 51 of 1911, No. 62 of 1911 and No. 63 of 1911. 1Page 11
Baseline (Original)
452 No. 2 of 1889. Courts to take judicial notice of signature of Judges, etc. [8 & 9 Vict. c. 113 s. 2.] * EVIDENCE. such documents, shall be admissible in evidence in the Courts of this Colony on being proved in like manner as any documents filed or recorded in any foreign Court are provable under this or any other Ordinance; and all documents whatsoever so filed or recorded in any foreign Court or consulate, and all copies of such documents, shall, when so proved and admitted, be held authentic and effectual for all purposes of evlence as the same would be held in such foreign Court or consulate. 28. All Courts, Judges, Magistrates, Justices of the Peace, officers of the Courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signature of the Judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document. b e p η tl it al tl Admissibility in evidence c. 42 s. 17.] + PART III. DEPOSITIONS. 29. Whenever it is proved by the oath of any credible witness, in criminal or in any other manner whatsoever it appears, to the satisfaction proceedings of the Supreme Court, that the Attorney General, or other person of deposition of person conducting a prosecution on behalf of the Crown, is unable to dead, etc. 111 & 12 Vict. produce at the trial 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 on 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 person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he re- fuses to quit after application made to him in that behalf; and if it also appears from the certificate of the Magistrate or other officer hereinafter mentioned that such person was examined before a Magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath, or warning was adminis- tered, or given to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also * As amended by No. 62 of 1911. As amended by No. 51 of 1911, No. 62 of 1911 and No. 63 of 1911. J in foi ab M ill re wi off sai stá up a E. pla the reli 1Page 11
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452

No. 2 of 1889.

Courts to take judicial notice of

signature of Judges, etc. [8 & 9 Vict. c. 113 s. 2.]

*

EVIDENCE.

such documents, shall be admissible in evidence in the Courts of this Colony on being proved in like manner as any documents filed or recorded in any foreign Court are provable under this or any other Ordinance; and all documents whatsoever so filed or recorded in any foreign Court or consulate, and all copies of such documents, shall, when so proved and admitted, be held authentic and effectual for all purposes of evlence as the same would be held in such foreign Court or consulate.

28. All Courts, Judges, Magistrates, Justices of the Peace, officers of the Courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signature of the Judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document.

b

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p

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tl

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Admissibility

in evidence

c. 42 s. 17.]

+

PART III.

DEPOSITIONS.

29. Whenever it is proved by the oath of any credible witness, in criminal or in any other manner whatsoever it appears, to the satisfaction proceedings of the Supreme Court, that the Attorney General, or other person of deposition of person

conducting a prosecution on behalf of the Crown, is unable to dead, etc. 111 & 12 Vict. produce at the trial 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 on 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 person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he re- fuses to quit after application made to him in that behalf; and if it also appears from the certificate of the Magistrate or other officer hereinafter mentioned that such person was examined before a Magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath, or warning was adminis- tered, or given to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also

* As amended by No. 62 of 1911.

As amended by No. 51 of 1911, No. 62 of 1911 and No. 63 of 1911.

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