the-ordinances-of-the-legislative-counci-1890 — Page 690

654 ORDINANCE No. 6 of 1864:


Depositions of Witnesses.


No. 6 of 1864.

Title. An Ordinance to render admissible in certain cases the Depositions of

Witnesses who cannot be produced at the Trial , and to make
Provision for the reception in Evidence of the Statements of the
accused.
[ 30th April, 1864. ]
Preamble. HEREAS the circumstances of this Colony are such as to render it necessary,
W in order to prevent a failure of justice, that more effectual provision should
be made for receiving in evidence in certain cases, the depositions of witnesses which
shall appear to the Court to have been duly taken, as also the statements of the accused :
Be it therefore enacted by His Excellency the Governor of Hongkong , with the advice
of the Legislative Council thereof, as follows :

Section 4 of 1. Section 4 of Ordinance No. 7 of 1857 shall be and the same is hereby repealed .
Ordinance No. 7
of 1857 repealed.
Depositions of 2. Whenever it shall be proved, by the oath of any credible witness , or shall in
persons who have
died or who are any other mauner whatsoever, appear to the satisfaction of the Supreme Court, that
absent or who
from other the Attorney General, or other person conducting a criminal prosecution on behalf of
specified cause
cannot be
produced, as the Crown, is unable to produce, at the trial of the accused, any person as a witness ,
witnesses in
any criminal in consequence of the death of such person, or of his absence from the Colony , or of
prosecution, may,
in certain cases, the impracticability of serving process upon him, or of his being so ill as not to be able
be read in
evidence. to travel, or of his being insane, or of his being kept out of the way by means of the
procurement of the accused, or of his being domiciled in a country , the laws of which
prohibit his absenting himself therefrom , or which he shall refuse to quit after
application made to him in that behalf ; and if it also appear that such person was
examined before a Magistrate, or other officer of Her Majesty to whom the cognizance
of the crime or offence appertained , and that the usual oath , affirmation [ or declaration
was administered : Repealed by Ordinance No. 9 of 1864 and new words substituted] to such
person prior to his examination , and that the examination was taken in the presence
of the accused, and that he or his counsel or attorney had a full opportunity of
cross -examining such person, and that the examination of such person was reduced
into writing and read over to and signed by the person examined , and also by the
Magistrate or other officer of Her Majesty as aforesaid, and that such examination
or a copy thereof is in the custody of the Supreme Court, it shall be lawful for the
Supreme Court and it is hereby required to allow to be read and received in evidence,
in such prosecution , so much of the examination so taken as aforesaid as would have
been admissible, according to the law and practice of the Supreme Court, had the said
person been produced and examined before the said Court, in the ordinary and
accustomed manner.
What shall be 3. If the Attorney General, or other person conducting a criminal prosecution ,
deemed primâ
facie proofof on behalf of the Crown, shall, at the trial of any person accused, apply to the Court
examination
having been duly for leave to read as evidence, in such prosecution , the examination of any person, and
taken.
it shall appear from the Registrar or Deputy Registrar or other competent officer of