Section 254
of Merchant Shipping Ordinance 1960
Section 254
Whenever in the course of any legal proceeding instituted under this Ordinance before any Court, or before any person authorized by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceeding, then, upon due proof that the witness cannot be found in North Borneo, any deposition that the witness may have previously made on oath in relation to the same subject matter before any Judge or Magistrate in any part of the Commonwealth other than North
Borneo, or before any British consular officer in any place not within the Commonwealth, shall be admissible in evidence:
Provided that –
(a)
if the proceeding is criminal, a deposition so made shall not be admissible, unless it was made in the presence of the person accused; and
(b)
no deposition so made shall be admissible, unless it is authenticated by the signature of the Judge, Magistrate or consular officer before whom it was made, and unless such Judge, Magistrate, or consular officer has certified, if the fact is so, that the accused was present at the taking thereof.
(2)
A deposition so made shall be deemed to be duly authenticated if it purports to have been signed by the Judge, Magistrate or consular officer before whom it was made.
(3)
It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and, in any criminal proceeding, a certificate purporting to have been signed by the Judge, Magistrate or consular officer before whom the deposition was made, that the accused was present at the taking of the deposition, shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner hereby certified.
(4)
Nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any other written law.
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