1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Criminal Procedure

[CAP. 221

29

(iii) he has given evidence against any other person charged in the same proceedings; (Amended, 50 of 1981, s. 2)

(g) every person called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (14 of 1906, s. 2, incorporated. Amended, 20 of 1948, s. 4)

(2) Notwithstanding any rule of law, the right of a person charged to make a statement without being sworn is hereby abolished. (Added, 34 of 1972, s. 9)

[cf. U.K. 1898 c. 36, s. 1]

Evidence of person charged

55. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.

(14 of 1906, s. 3, incorporated)

[cf. U.K. 1898 c. 36, s. 2]

Right of reply

56. (1) The fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. (14 of 1906, s. 4, incorporated. Amended, 34 of 1972, s. 10)

(2) Upon the trial of any person charged with an offence---

(a) the prosecution shall not be entitled to the right of reply on the ground only that the Attorney General or the Solicitor General appears for the Crown at the trial; and

(b) the time at which the prosecution is entitled to exercise the right shall, notwithstanding any rule of law, be after the close of the evidence for the defence and before the closing speech (if any) by or on behalf of the person charged. (Added, 34 of 1972, s. 10)

[cf. U.K. 1964 c. 34, s. 1(1)]

[cf. U.K. 1898 c. 36, s. 3]

Calling of wife or husband

57. (1) The wife or husband of a person charged with an offence under any enactment mentioned in the Second Schedule may be called as a witness either for the prosecution or defence and without the consent of the person charged. (Amended, 50 of 1911, s. 4 and 20 of 1948, s. 4)

(2) Nothing in section 54 shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person. (Amended, 20 of 1948, s. 4)

(14 of 1906, s. 5, incorporated)

[cf. U.K. 1898 c. 36, s. 4]

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1988 Ed.] Criminal Procedure [CAP. 221 29 (iii) he has given evidence against any other person charged in the same proceedings; (Amended, 50 of 1981, s. 2) (g) every person called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (14 of 1906, s. 2, incorporated. Amended, 20 of 1948, s. 4) (2) Notwithstanding any rule of law, the right of a person charged to make a statement without being sworn is hereby abolished. (Added, 34 of 1972, s. 9) [cf. U.K. 1898 c. 36, s. 1] Evidence of person charged 55. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. (14 of 1906, s. 3, incorporated) [cf. U.K. 1898 c. 36, s. 2] Right of reply 56. (1) The fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. (14 of 1906, s. 4, incorporated. Amended, 34 of 1972, s. 10) (2) Upon the trial of any person charged with an offence--- (a) the prosecution shall not be entitled to the right of reply on the ground only that the Attorney General or the Solicitor General appears for the Crown at the trial; and (b) the time at which the prosecution is entitled to exercise the right shall, notwithstanding any rule of law, be after the close of the evidence for the defence and before the closing speech (if any) by or on behalf of the person charged. (Added, 34 of 1972, s. 10) [cf. U.K. 1964 c. 34, s. 1(1)] [cf. U.K. 1898 c. 36, s. 3] Calling of wife or husband 57. (1) The wife or husband of a person charged with an offence under any enactment mentioned in the Second Schedule may be called as a witness either for the prosecution or defence and without the consent of the person charged. (Amended, 50 of 1911, s. 4 and 20 of 1948, s. 4) (2) Nothing in section 54 shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person. (Amended, 20 of 1948, s. 4) (14 of 1906, s. 5, incorporated) [cf. U.K. 1898 c. 36, s. 4] Page 30 Page 31
Baseline (Original)
1988 Ed.] Criminal Procedure [CAP. 221 29 (iii) he has given evidence against any other person charged in the same proceedings; (Amended, 50 of 1981, s. 2) (g) every person called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (14 of 1906, s. 2, incorporated. Amended, 20 of 1948, s. 4) (2) Notwithstanding any rule of law, the right of a person charged to make a statement without being sworn is hereby abolished. (Added, 34 of 1972, s. 9) [ef. U.K. 1898 c. 36, s. 1] Evidence of person charged 55. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution. (14 of 1906, s. 3, incorporated) [cf. U.K. 1898 c. 36, s. 2] Right of reply 56. (1) The fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. (14 of 1906, s. 4, incorporated. Amended, 34 of 1972, s. 10) (2) Upon the trial of any person charged with an offence--- (a) the prosecution shall not be entitled to the right of reply on the ground only that the Attorney General or the Solicitor General appears for the Crown at the trial; and (b) the time at which the prosecution is entitled to exercise the right shall, notwithstanding any rule of law, be after the close of the evidence for the defence and before the closing speech (if any) by or on behalf of the person charged. (Added, 34 of 1972, s. 10) [cf. U.K. 1964 c. 34, s. 1(1)] [cf. U.K. 1898 c. 36, s. 3] Calling of wife or husband 57. (1) The wife or husband of a person charged with an offence under any enactment mentioned in the Second Schedule may be called as a witness either for the prosecution or defence and without the consent of the person charged. (Amended, 50 of 1911, s. 4 and 20 of 1948, s. 4) (2) Nothing in section 54 shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person. (Amended, 20 of 1948, s. 4) (14 of 1906, s. 5, incorporated) [cf. U.K. 1898 c. 36, s. 4] Page 30Page 31
2026-05-04 12:33:21 · Baseline
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1988 Ed.]

Criminal Procedure

[CAP. 221

29

(iii) he has given evidence against any other person charged in the same proceedings; (Amended, 50 of 1981, s. 2)

(g) every person called as a witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence. (14 of 1906, s. 2, incorporated. Amended, 20 of 1948, s. 4)

(2) Notwithstanding any rule of law, the right of a person charged to make a statement without being sworn is hereby abolished. (Added, 34 of 1972, s. 9)

[ef. U.K. 1898 c. 36, s. 1]

Evidence of person charged

55. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.

(14 of 1906, s. 3, incorporated)

[cf. U.K. 1898 c. 36, s. 2]

Right of reply

56. (1) The fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply. (14 of 1906, s. 4, incorporated. Amended, 34 of 1972, s. 10)

(2) Upon the trial of any person charged with an offence---

(a) the prosecution shall not be entitled to the right of reply on the ground only that the Attorney General or the Solicitor General appears for the Crown at the trial; and

(b) the time at which the prosecution is entitled to exercise the right shall, notwithstanding any rule of law, be after the close of the evidence for the defence and before the closing speech (if any) by or on behalf of the person charged. (Added, 34 of 1972, s. 10) [cf. U.K. 1964 c. 34, s. 1(1)]

[cf. U.K. 1898 c. 36, s. 3]

Calling of wife or husband

57. (1) The wife or husband of a person charged with an offence under any enactment mentioned in the Second Schedule may be called as a witness either for the prosecution or defence and without the consent of the person charged. (Amended, 50 of 1911, s. 4 and 20 of 1948, s. 4)

(2) Nothing in section 54 shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person. (Amended, 20 of 1948, s. 4)

(14 of 1906, s. 5, incorporated) [cf. U.K. 1898 c. 36, s. 4]

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