58
Admissibility of certain medical notes and reports.
Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial.
Warrant or order to bring up prisoner to give evidence.
1853 c. 30. s. 9.
(Cap. 14.) (Cap. 338.)
(Cap. 25.)
Saving as to Wills Act 1837. (1837 c. 26.)
CAP. 8
Evidence
[1984 Ed.
79. In any prosecution for murder or manslaughter any medical notes or report by any Government medical officer which purport to relate to the deceased shall be admissible in evidence upon proof of the handwriting of such Government medical officer, and upon proof of his death or absence from Hong Kong.
(20 of 1922, s. 9, incorporated by 5 of 1924, s. 21. Amended, 37 of 1984, s. 11)
80. On the hearing of any indictable offence it shall be the duty of the magistrate to take down in the minute of proceedings any material statement or observation made, and any evidence given, by the accused in the course of the proceedings, and, without prejudice to any other method of proof, any such statement or observation or evidence so taken down shall be admissible in evidence against the accused on his trial upon production of the minute of proceedings.
(20 of 1922, s. 10, incorporated by 5 of 1924, s. 21)
81. (1) Any judge of the High Court may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before any court to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such court. (Replaced, 46 of 1967, s. 3)
(2) Any District Judge, magistrate, coroner appointed under the Coroners Ordinance, adjudicator appointed under the Small Claims Tribunal Ordinance or presiding officer appointed under the Labour Tribunal Ordinance may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before the District Court, magistrate, coroner, Small Claims Tribunal or Labour Tribunal, as the case may be, to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such District Court, magistrate, coroner, Small Claims Tribunal or Labour Tribunal. (Added, 21 of 1966, s. 3. Replaced, 46 of 1967, s. 3. Amended, 79 of 1981, s. 11)
(3) Such prisoner or person shall be brought under the same care and custody, and be dealt with in like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by the High Court to be brought before the said court to be examined as a witness in any cause or matter depending before the said court is by law required to be dealt with. (Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; and 63 of 1911, Schedule)
(Amended, 5 of 1924, s. 21)
82. Nothing in this Ordinance shall be construed to repeal any provisions contained in the Wills Act 1837.
(Amended, 50 of 1911; 62 of 1911, Schedule; and 5 of 1924, s. 21)
58
Admissibility of certain medical notes and reports.
Observations and evidence of accused person before magistrate to be taken down and to be admissible
at trial.
Warrant or order to bring up prisoner to give evidence.
1853 c. 30. s. 9.
(Cap. 14.) (Cap. 338.)
(Cap. 25.)
Saving as to Wills Act 1837. (1837 c. 26.)
CAP. 8
Evidence
[1984 Ed.
79. In any prosecution for murder or manslaughter any medical notes or report by any Government medical officer which purport to relate to the deceased shall be admissible in evidence upon proof of the handwriting of such Government medical officer, and upon proof of his death or absence from Hong Kong.
(20 of 1922, s. 9, incorporated by 5 of 1924, s. 21. Amended, 37 of 1984, s. 11}
80. On the hearing of any indictable offence it shall be the duty of the magistrate to take down in the minute of proceedings any material statement or observation made, and any evidence given, by the accused in the course of the proceedings, and, without prejudice to any other method of proof, any such statement or observation or evidence so taken down shall be admissible in evidence against the accused on his trial upon production of the minute of proceedings.
(20 of 1922, s. 10, incorporated by 5 of 1924, s. 21)
81. (1) Any judge of the High Court may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before any court to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such court. (Replaced, 46 of 1967, s. 3)
(2) Any District Judge, magistrate, coroner appointed under the Coroners Ordinance, adjudicator appointed under the Small Claims Tribunal Ordinance or presiding officer appointed under the Labour Tribunal Ordinance may, on application or on his own motion, issue a warrant or order for bringing up any person in lawful custody before the District Court, magistrate, coroner, Small Claims Tribunal or Labour Tribunal, as the case may be, to enable such person to prosecute, pursue, defend or be examined as a witness in, any proceedings, either criminal or civil, before such District Court, magistrate, coroner, Small Claims Tribunal or Labour Tribunal. (Added, 21 of 1966, s. 3. Replaced, 46 of 1967, s. 3. Amended, 79 of 1981, s. 11)
(3) Such prisoner or person shall be brought under the same care and custody, and be dealt with in like manner in all respects. as a prisoner required by any writ of habeas corpus awarded by the High Court to be brought before the said court to be examined as a witness in any cause or matter depending before the said court is by law required to be dealt with. (Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule and 63 of 1911. Schedule)
(Amended, 5 of 1924, s. 21)
82. Nothing in this Ordinance shall be construed to repeal any provisions contained in the Wills Act 1837.
(Amended, 50 of 1911; 62 of 1911, Schedule and 5 of 1924, s. 21)
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