48
CAP. 8]
Evidence
[1984 Ed.
Rules.
Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1849 c. 42. s. 17.
Prima facie proof of examination having been duly taken.
(6) Where, by reason of any defect of speech or hearing from which he is suffering, a person called as a witness in any legal proceedings gives his evidence in writing or by signs, that evidence is to be treated for the purposes of Part IV or this Part as being given orally.
(Added, 25 of 1969, s. 7)
69. The Chief Justice shall or may make rules with regard to any matter in respect of which rules shall or may be made under this Part.
(Added, 25 of 1969, s. 7. Amended, 65 of 1980, s. 9)
PART VII
DEPOSITIONS
70. Whenever it is proved by the oath of any credible witness, or in any other manner whatsoever it appears, to the satisfaction of the High 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 Hong Kong, 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 or because he cannot be found at his last-known place of residence in Hong Kong, 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 was administered 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 by the magistrate or other officer as aforesaid, so much of the evidence as would have been admissible, if the said person had been produced and examined before the said court in the ordinary manner, shall be read and received in evidence.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of 1911, Schedule; 20 of 1922, s. 2 and 37 of 1984, s. 11)
71. The production from the custody of the proper officer of the certificate referred to in section 70 shall be sufficient proof of the signature of such magistrate or other officer aforesaid, unless it is proved that such examination was not taken in manner aforesaid or was not in fact signed by the person examined or by the magistrate or officer aforesaid purporting to sign the same.
(Amended, 51 of 1911 and 63 of 1911, Schedule)
48
CAP. 8]
Evidence
[1984 Ed.
Rules.
Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1849 c. 42. s. 17.
Prima facie proof of examination having been duly taken.
(6) Where, by reason of any defect of speech or hearing from which he is suffering, a person called as a witness in any legal proceedings gives his evidence in writing or by signs, that evidence is to be treated for the purposes of Part IV or this Part as being given orally.
( Added, 25 of 1969, s. 7)
69. The Chief Justice shall or may make rules with regard to any matter in respect of which rules shall or may be made under this Part.
( Added, 25 of 1969, s. 7. Amended, 65 of 1980, s. 9)
PART VII
DEPOSITIONS
70. Whenever it is proved by the oath of any credible witness, or in any other manner whatsoever it appears, to the satisfaction of the High 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 Hong Kong, 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 or because he cannot be found at his last-known place of residence in Hong Kong, 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 was administered 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 by the magistrate or other officer as aforesaid, so much of the evidence as would have been admissible, if the said person had been produced and examined before the said court in the ordinary manner, shall be read and received in evidence.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of 1911, Schedule; 20 of 1922, s. 2 and 37 of 1984, s. 11)
71. The production from the custody of the proper officer of the certificate referred to in section 70 shall be sufficient proof of the signature of such magistrate or other officer aforesaid, unless it is proved that such examination was not taken in manner aforesaid or was not in fact signed by the person examined or by the magistrate or officer aforesaid purporting to sign the same.
(Amended, 51 of 1911 and 63 of 1911. Schedulej
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