Evidence Ordinance

(1)
Whereas it may happen that a person, who is dangerously ill, and unable to
                travel, may be able to give material and important information relating to an
                indictable offence or to a person accused thereof, and it is desirable, in the
                interest of truth and justice, that means should be provided for perpetuating such
                testimony and for rendering the same available in cases of
                    necessity—
(Amended
8 of 1912 s. 34
;
5 of 1924
Schedule)
Whenever it is made to appear, to the satisfaction of any magistrate, that any
                person who is dangerously ill and unable to travel, is able and willing to give
                material information relating to an indictable offence or to a person accused
                thereof, it shall be lawful for the said magistrate to take in writing his statement
                upon oath, and such magistrate shall thereupon subscribe the same, and shall add
                thereto by way of caption a statement of his reason for taking the same, and of the
                day and place when and where the same was taken, and of the names of the persons, if
                any, assisting at the taking thereof, and, if the same relates to any offence for
                which any accused person is already committed or bailed to appear for trial, shall
                transmit the same with the said addition to the Registrar of the High Court, and in
                all other cases to the magistrates’ clerk, who are respectively required to preserve
                the same and file it for record; and if afterwards, on the trial of any offender or
                offence to which the same may relate, the person who made the said statement is
                proved to be dead, or if it proved that there is no reasonable probability that such
                person will be able to attend and give evidence at the trial, it shall be lawful to
                read such statement in evidence, either for or against the person accused, without
                further proof thereof, if the same purports to be signed by the magistrate by or
                before whom it purports to be taken, and provided it is proved, to the satisfaction
                of the court, that reasonable notice of the intention to take such statement has
                been given to the person (whether prosecutor, or person accused) against whom it is
                proposed to be read in evidence, and that such person, or his counsel or solicitor,
                had or might have had, if he had chosen to be present, full opportunity of
                cross-examining the person who made the same.
(Amended
51 of 1911
;
63 of 1911
Schedule;
8 of 1912 s. 34
;
23 of 1915 s. 4
;
20 of 1922 s. 3
;
27 of 1937
Schedule
;
47 of 1997 s. 10
;
25 of 1998 s. 2
)
(2)
No such statement shall be rejected on the ground of any failure to comply with
                any of the provisions of subsection (1) with regard to the notice or the caption
                unless the court is of opinion that the person accused was substantially prejudiced
                by such failure.
(Added
20 of 1922 s. 3
)
[cf. 1867 c. 35 s. 6 U.K.]