6
CAP. 8]
Evidence
[1984 Ed.
[cf. 1851 c. 99, s. 16.]
Incompetency from immature age or unsoundness of mind.
Evidence of child of tender years. 1908 c. 67, s. 30. (Cap. 227.)
(b) any record so used which is kept otherwise than in a legible form and is capable of being reproduced in a legible form; (Replaced, 37 of 1984, s. 2)
"court" includes the Chief Justice and any other judge, also every magistrate, justice, officer of any court, commissioner, arbitrator, or other person having, by law or by consent of parties, authority to hear, receive, and examine evidence with respect to or concerning any action, suit, or other proceeding civil or criminal, or with respect to any matter submitted to arbitration or ordered to be inquired into or investigated under any commission; (Amended, 50 of 1911; 62 of 1911, Schedule; and 27 of 1912)
"Government Chemist" means the person appointed as such by the Governor and such other person as the Governor may appoint in writing to carry out examinations or analyses of articles or substances and to sign certificates under section 25 in relation thereto. (Added, 31 of 1969, s. 2. Amended, 42 of 1973, s. 2)
3.
PART II
ADMISSIBLE WITNESSES AND EVIDENCE
The following persons only shall be incompetent to give evidence in any proceedings-
(a) children under 7 years of age, unless they appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly; and
(b) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the court or person before whom his attendance is required.
4. Where, in any proceeding against any person for an offence, any child of tender years who is tendered as a witness does not in the opinion of the court understand the nature of an oath, the evidence of that child may be received, though not given upon oath, if, in the opinion of the court, the child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and the provisions of section 70 shall extend to the evidence of the child, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of section 81 of the Magistrates Ordinance:
6
CAP. 8]
Evidence
[1984 Ed.
[cf. 1851 c. 99, s. 16.]
Incompetency from immature age or unsound- ness of mind.
Evidence of child of tender years. 1908 c. 67, s. 30.
(Cap. 227.)
(b) any record so used which is kept otherwise than in a legible form and is capable of being reproduced in a legible form; (Replaced, 37 of 1984, s. 2)
"court" includes the Chief Justice and any other judge, also every magistrate, justice, officer of any court, commissioner, arbitrator, or other person having, by law or by consent of parties, authority to hear, receive, and examine evidence with respect to or concerning any action, suit, or other proceeding civil or criminal, or with respect to any matter submitted to arbitration or ordered to be inquired into or investigated under any commission; (Amended, 50 of 1911; 62 of 1911, Schedule and 27 of 1912)
"Government Chemist" means the person appointed as such by the Governor and such other person as the Governor may appoint in writing to carry out examinations or analyses of articles or substances and to sign certificates under section 25 in relation thereto. (Added, 31 of 1969, s. 2. Amended, 42 of 1973, s. 2)
3.
PART II
ADMISSIBLE WITNESSES AND EVIDENCE
The following persons only shall be incompetent to give evidence in any proceedings-
(a) children under 7 years of age, unless they appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly; and
(b) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impres- sions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the court or person before whom his attendance is required.
4. Where, in any proceeding against any person for an offence, any child of tender years who is tendered as a witness does not in the opinion of the court understand the nature of an oath, the evidence of that child may be received, though not given upon oath, if, in the opinion of the court, the child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and the provisions of section 70 shall extend to the evidence of the child, though not given on oath, but otherwise taken and reduced into writing in accordance with the provisions of section 81 of the Magistrates Ordinance:
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