Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 54

Competence of person charged in criminal cases

(Past version on 30/06/1997).

Evidence

(1) Every person charged with an offence, whether charged solely or jointly
with any other person, shall be a competent witness for the defence at every
stage of the proceedings: (Amended 23 of 2003 s. 3) Provided as follows-

   (a)  a person so charged shall not be called as a witness in pursuance of
        this section except upon his own application;

   (b)  the failure of any person charged with an offence to give evidence
        shall not be made the subject of any comment by the prosecution;
        (Amended 23 of 2003 s. 3)

   (c)  -(d) (Repealed 23 of 2003 s. 3)

   (e)  a person charged and being a witness in pursuance of this section may
        be asked any question in cross-examination notwithstanding that it
        would tend to criminate him as to the offence charged;

   (f)  a person charged and called as a witness in pursuance of this section
        shall not be asked, and if asked shall not be required to answer, any
        question tending to show that he has committed or been convicted of or
        been charged with any offence other than that wherewith he is then
        charged, or is of bad character, unless-

        (i)    the proof that he has committed or been convicted of such other
               offence is admissible evidence to show that he is guilty of the
               offence wherewith he is then charged; or

        (ii)   he has personally or by his advocate asked questions of the
               witnesses for the prosecution with a view to establish his own
               good character, or has given evidence of his good character, or
               the nature or conduct of the defence is such as to involve
               imputations on the character of the prosecutor or the witnesses
               for the prosecution; or

        (iii)  he has given evidence against any other person charged in the
               same proceedings; (Amended 50 of 1981 s. 2)

   (g)  a person charged and called as a witness in pursuance of this section
        shall, unless otherwise ordered by the court, give his evidence from
        the witness box or other place from which the other witnesses give
        their evidence. (14 of 1906 s. 2 incorporated. Amended 20 of 1948 s.
        4; 23 of 2003 s. 3)

(2) Notwithstanding any rule of law, the right of a person charged to make a
statement without being sworn is hereby abolished. (Added 34 of 1972 s. 9)
[cf. 1898 c. 36 s. 1 U.K.]