Title. Preamble. Publicans, house Keepers, or others, inducing Soldiers, Sailors, or Marines to desert, liable to be fined to the Extent of 1007. No. 2. OF 1852. An Ordinance to increase in certain Cases the Powers of Forces, Naval and Military, serving in this Colony, has ' of late considerably increased, and whereas such Offence has 'heretofore had Inception in, and Facility of Commission from, Public and Boarding-houses, and other Places: Be it therefore enacted by His Excellency the Acting Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. Any Publican or Keeper of a Boarding-house, or any other Person whatsoever, who shall by Words or by any other Means whatsoever, directly or indirectly, procure any Soldier, Sailor, or Marine to desert, or shall by Words or by any other Means whatsoever attempt to procure or persuade any Soldier, Sailor, or Marine to desert, and any Publican or Keeper of a Boarding-house, or any other Person whatsoever, who, knowing that any Soldier, Sailor, or Marine is about to desert, shall aid or assist him in deserting, or knowing any Soldier, Sailor, or Marine to be a Deserter, shall conceal such Deserter, or aid or assist such Deserter in concealing himself, himself, shall be deemed guilty of a Misdemeanor, and shall, on Conviction thereof, in a Summary Manner, before the Person for the Time being filling the Office of *Chief or Assistant Magistrate of [*SeeOrd. No.6. Police, and any Two other Magistrates, be liable for every such of 1862.] Offence to a Fine not exceeding One Hundred Pounds Sterling; How Penalty and in Default of Payment of such Fine, the same shall be levied to be be levied. by Distress and Sale (with the Costs and Charges consequent thereon) of the Goods and Chattels of the Offender, the Overplus, if any, after deducting the Charges of such Distress and Sale, to be rendered to the said Offender: Provided, that if upon the Return of the Officer charged with the Execution of the said Distress, it shall appear that no sufficient Distress can be found, or the Party adjudged to pay any Money shall at the Time of the said Adjudication or Conviction declare, or it shall otherwise appear, that he has no Goods or Chattels on which the Distress can be levied, then the Convicting Magistrates, or any of them, may by Warrant commit such Offender to one of Her Majesty's Gaols, with or without Hard Labour, there to remain for a Time in proportion to the Amount of the Penalty inflicted, and not exceeding Six Months in the whole, unless the Sum to be levied, together with the Costs, shall be sooner paid. II. A Portion not exceeding One half of every such Fine so Apportionment inflicted and levied, shall be payable to such Person or Persons of Fine. by whose Information or Evidence the Conviction of such Offender shall be made. III. Any Publican or Keeper of a Boarding house who shall have been convicted of any one or more of the above-mentioned Offences, shall, in addition to the Penalty above provided, forthwith forfeit any Licence or Licences then held by him as a Publican or Boarding-house Keeper in this Colony, and he shall be and is hereby declared incapable of holding thereafter any Licence as such Publican or Boarding-house Keeper within the said Colony. Additional Penalty on Publicans, and Boarding-house Keepers. IV. For the Purposes of this Ordinance, the Word "Sailor" Interpretation shall be held to extend to every Person serving for the Time of the Term being in any Ship then under the Orders of the Commander-in-❝Sailor." Chief of Her Majesty's Naval Forces in the East Indies and China Seas. V. Nothing herein contained shall prevent the Magistrates Nothing to acting under this Ordinance from sending any Case arising out of any of the said Offences for Trial at the Supreme Court, which in the Exercise of their Discretion they may consider should be investigated there. No. 3. OF 1852. An Ordinance to amend the Law of Evidence. WE prevent Magistrates from sending Cases for Trial at the Supreme Cour Title. [29th June, 1852.] HEREAS it is Expedient to amend the Law of Evidence in certain Particulars: Be it enacted by His Excellency the Governor of Hongkong with the Advice of the Legislative Council thereof, as follows: Preamble. Parties to be admissible Witnesses. Nothing herein to compel Person charged with Criminal Offence to give Evidence tending to criminate himself, &c. Not to apply to Common Law rized to compel Documents whenever Equi ty would grant Discovery. Foreign and Colonial Acts of State Judg ments, &c. provable by certified Copies without Proof of Seal or Sig. nature or Judicial Character of Person sign ing the same. Evidence. I. On the Trial of any Issue joined or of any Matter or Question, or on any Inquiry arising in any Suit, Action, or other Proceeding in the Supreme Court, or before any Person having, by Law, or by Consent of Parties, Authority to hear, receive, and examine Evidence with respect, to or concerning any Suit, Action, or other Proceeding, the Parties thereto, and the Persons in whose Behalf any such Suit, Action, or other Proceeding, may be brought or defended, shall, except as herein-after excepted, be competent and compellable to give Evidence, either viva voce or by Deposition, according to the Practice of the Courts, on Behalf of either or any of the Parties to the said Suit, Action, or other Proceeding. II. But nothing herein contained shall render any Person who in any Criminal Proceeding is charged with the Commission of any Indictable Offence, or any Offence punishable on Summary Conviction, competent or compellable to give Evidence for or against himself, or shall render any Person compellable to answer any Question tending to criminate himself, or shall in any Criminal Proceeding render any Husband competent or compellable to give Evidence for or against his Wife, or any Wife competent or compellable to give Evidence for or against her Husband. III. Nothing herein contained shall apply to any Action, Suit, or Proceeding instituted in consequence of Adultery, or to any Action for Breach of Promise of Marriage. IV. Whenever any Action or other Legal Proceeding shall henceforth be pending in the Supreme Court, such Court may, on Application made for such Purposes by either of the Litigants, compel the opposite Party to allow the Party making the Application to inspect all Documents in the Custody or under the Control of such opposite Party relating to such Action or other Legal Proceeding, and, if necessary, to take examined Copies of the same, in all Cases in which, previous to the publishing of this Ordinance, a Discovery might have been obtained by filing a Bill, or by any other Proceeding in a Court of Equity at the Instance of the Party so making Application as aforesaid to the said Court; provided always, that every such Application shall be made as aforesaid before Issue joined in any such Action, and Twenty-one Days before the Trial or Hearing of any other Legal Proceeding. V. All Proclamations, Treaties, and other Acts of State of any Foreign State, or of the East India Company, or of any Territory under the Government of the East India Company, or of any British Colony, and all Judgments, Decrees, Orders, and other Judicial Proceedings of any Court of Justice in any Foreign State, or in any of the Territories under the Government of the East India Company, or in any British Colony, and all Affidavits, Pleadings, and other Legal Documents filed or deposited in any such Court, may be proved in the Supreme Court, or before any Person having by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence as aforesaid, either by examined Copies, or by Copies authenticated as herein-after mentioned; that is to say, if the Document sought to be proved be a Proclamation, Treaty, or other Act of State, the authenticated Copy to be admissible Evidence. admissible in Evidence must purport to be sealed with the Seal of the Foreign State, or of the East India Company, or of the Territory under the Government of the East India Company, or of the British Colony to which the Original Document belongs; and if the Document sought to be proved be a Judgment, Decree, Order, or other Judicial Proceeding of any Foreign or Colonial Court, or of any Court within the Territories under the Government of the East India Company, or an Affidavit, Pleading, or other Legal Document filed or deposited in any such Court, the authenticated Copy, to be admissible in Evidence, must purport either to be sealed with the Seal of the Foreign or Colonial Court, or Court within the Territories under the Government of the East India Company to which the Original Document belongs; or in the Event of such Court having no Seal, to be Signed by the Judge; or if there be more than one Judge, by any One of the Judges of the said Court; and such Judge shall attach to his Signature a Statement in Writing on the said Copy that the Court whereof he is a Judge has no Seal; but if any of the aforesaid authenticated Copies shall purport to be Sealed or Signed as herein-before respectively directed, the same shall respectively be admitted in Evidence in every Case in which the Original Documents could have been received in Evidence, without any Proof of the Seal, where a Seal is necessary, or of the Signature, or the Truth of the Statement attached thereto, where such Signature and Statement are necessary, or of the Judicial Character of the Person appearing to have made such Signature and Statement. Registers of Certificates of Registry admissible as &e. VI. Every Register of a Vessel may be proved in any Court of Justice, or before any Person having, by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence as aforesaid, either by the Production of the Original, or by an Examined Copy thereof, or by a Copy thereof purporting to be certified primâ facie under the Hand of the Person having the Charge of the Original; Evidence of and such Person is hereby required to furnish such certified Copy their Contents, to any Person applying at a reasonable Time for the same, upon Payment of the Sum of One Dollar; and every such Register or such Copy of a Register, and also every Certificate of Registry granted under any of the Acts of Parliament relating to the Registry of British Vessels, and purporting to be Signed as required by Law, shall be received in Evidence in any Court of Justice, or before any Person having by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence as aforesaid, as primâ facie Proof of all the Matters contained or recited in such Register, when the Register or such Copy thereof as aforesaid, is produced, and of all the Matters contained or recited in or endorsed on such Certificate of Registry, when the said Certificate is produced. Where neccssary to prove Acquittal or VII. Whenever in any Proceeding whatever it may be necessary to prove the Trial and Conviction or Acquittal of any Person charged with any Indictable Offence, it shall not be necessary to produce the Record of the Conviction or Acquittal of such Person, or a Copy thereof, but it shall be sufficient that it be cer- ed, not necestified, or purport to be certified, under the Hand of the Clerk of sary to produce F 4 the Conviction of Record, but may be produc ed under Hand of Clerk of Court. Examination or certified Copies of Documents admissible in Evidence. Certifying a false Docu ment a Misdemeanor. Court, &c. may administer Oaths. [See Ord. No.2. of 1860.] Persons forging Seal, Stamp, or Signature of certain Documents, or wilfully uttering same, Guilty of Felony. Evidence. the Court, or other Officer having the Custody of the Records of the Court, where such Conviction or Acquittal took place, or by the Deputy of such Clerk or other Officer, that the Paper produced is a Copy of the Record of the Indictment, Trial, Conviction, and Judgment, or Acquittal, as the Case may be, omitting the formal Parts thereof. VIII. Whenever any Book or other Document is of such Public Nature as to be admissible in Evidence on its mere Production from the proper Custody, any Copy thereof, or Extract therefrom, shall be admissible in Evidence in the Supreme Court, or before any Person now or hereafter having, by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence as aforesaid; provided it be proved to be an Examined Copy or Extract, or provided it purports to be Signed and Certified as a True Copy or Extract by the Officer to whose Custody the Original is entrusted, and which Officer is hereby required to furnish such Certified Copy or Extract to any Person applying at a reasonable Time for the same, upon Payment of a reasonable Sum for the same, not exceeding Twenty-five Cents for every Folio of Ninety Words. IX. If any Officer authorized or required by this Ordinance to furnish any certified Copies or Extracts, shall wilfully certify any Document as being a True Copy or Extract, knowing that the same is not a True Copy or Extract, as the Case may be, he shall be Guilty of a Misdemeanor, and be liable, upon Conviction, to Imprisonment for any Term not exceeding Eighteen Months. X. The Supreme Court, and every Judge, Justice, Officer, Commissioner, Arbitrator, or other Person, now or hereafter having, by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence with respect to or concerning any Suit, Action, or other Proceeding, is hereby empowered to administer an Oath to all such Witnesses as are legally called before them respectively. XI. If any Person shall forge the Seal, Stamp, or Signature of any Document in this Ordinance mentioned or referred to, or shall tender in Evidence any such Document with a false or counterfeit Seal, Stamp, or Signature thereto, knowing the same to be false or counterfeit, he shall be Guilty of Felony, and shall, upon Conviction, be liable to Transportation for Seven Years, or to Imprisonment for any Term not exceeding Three Years, nor less than One Year, with Hard Labour; and whenever any such Document shall have been admitted in Evidence by virtue of this Ordinance, the Court or the Person who shall have admitted the same, may, at the Request of any Party against whom the same is so admitted in Evidence, direct that the same shall be impounded and be kept in the Custody of some Officer of the Court or other proper Person, for such Period, and subject to such Conditions, as to the said Court or Person shall seem meet; and every Person who shall be charged with committing any Felony under this Ordinance, may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence may be laid and charged to |