Evidence Ordinance

70.
Admissibility in evidence in criminal proceedings of deposition of person dead,
            etc.
Whenever it is proved by the oath of any credible witness, or in any other manner
            whatsoever it appears, to the satisfaction of the Court of First Instance, that the
            Secretary for Justice, 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
;
37 of 1984 s. 11
;
L.N. 362 of 1997
;
25 of 1998 s. 2
)
[cf. 1848 c. 42 s. 17 U.K.]