1912_EVIDENCE_ORDINANCE__1889 — Page 15

EVIDENCE.

No. 2 of 1889.

457

in lieu of

[17 & 18 Vict.

c. 125 s. 20;

24 & 25 Vict. c. 66 s. 1.1

43. If any person, not being a native of China, who is called as Affirmation a witness to give viva voce evidence, or is required or desires to onth. 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 being sworn to give evidence or to make such affidavit or deposition as aforesaid as follows :-

(1) in the case of vicâ voce 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 unlawful; 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, A.B., do solemnly, sincerely, and truly affirm and declare that the taking of an oath is according to my religious belief unlawful; and I do solemnly, sincerely, and truly affirm and declare" etc.

by non-

lieu of oath.

44. Every person, not being a Christian or of the Jewish Declaration religion, who is called as a witness to give viva voce evidence, or Christian or is required or desires to make an affidavit or deposition, in any non-Jew in 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 following:-

(1) in the case of viva voce 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 required to be sworn, he shall make and subscribe the following declaration —

I, A.B., do solemly and sincerely declare that the contents of this my affidavit [or information, or deposition, or testifica- tion, or other document as the case may be] are true."

45. Every affirmation and declaration or declaration alone shall Effect of be of the same force and effect as an oath in the usual form.

affirmation,

and

declaration.

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