THE OATHS ORDINANCE Cap. 89 THE OATHS RULES, 1958

THE OATHS ORDINANCE Cap. 89 THE OATHS RULES, 1958

In exercise of the powers conferred upon him by section 12 of the Oaths Ordinance, and all other powers thereunto him enabling, the Governor in Council has made the following rules: --

1. These rules may be cited as the Oaths Rules, 1958, and shall come into force on the 1st day of December, 1958.

2. (1) An oath taken under the Ordinance shall be according to the appropriate form in the Schedule to these Rules. (2) An affirmation made under the Ordinance shall be in the same form as the corresponding form of oath except that for the words "swear by Almighty God" there shall be substituted the words "solemnly, sincerely and truly declare and affirm". 3. An oath or affirmation shall be administered in the following manner. The person administering and the person taking or making the oath or affirmation shall each stand up and hold up their right hands and the person administering the oath or affirmation shall repeat clause by clause the appropriate words which shall be repeated after him by the person taking the oath or making the affirmation.

Provided that if for any physical reason such person is unable to comply with the provisions of this rule the oath or affirmation shall be administered in such manner as the Court or the person administering the oath or affirmation shall direct.

4. The record of every proceeding whether Criminal or Civil shall state that the witness took an oath or made an affirmation, as the case may be.

SCHEDULE (Rule 2) FORMS OF OATH (i)For a witness-- I swear by Almighty God that the evidence which I shall give in this case shall be the truth, the whole truth, and nothing but the truth.

(ii)For an Interpreter-- I swear by Almighty God that I will well and truly interpret the questions put to witnesses, and the evidence given by witnesses and all other matters whereto I may be required by the Court, from the language into the language, and from the language into the language, as the case may require.

(iii)For an Assessor-- I swear by Almighty God that I will well and truly consider the evidence and a true opinion give according to the evidence.

(iv)For an Official Interpreter-- I swear by Almighty God that I will always in my office of interpreter in the Courts of the Colony, well and truly without fear or favour or the hope or promise of reward, interpret the questions put and the answers given by the witnesses and also the statement made by the Court or by the parties or prisoner and all other matters whereto I may be required by the Court and will also so translate and, if required by the Court, transcribe any documents given to me for that purpose, which I will faithfully guard from mutilation or alteration.

(v)For an Official Translator-- I swear by Almighty God that I will always in my office of translator in the Courts of the Colony, well and truly without fear or favour or the hope or promise of reward, translate and, if required by the Court, transcribe, all documents given to me for that purpose, which I will faithfully guard from mutilation or alteration.

Dated at Jesselton, this 10th day of November, 1958.

D. F. BARTON,

Clerk of Executive Council.

COUNCIL CHAMBER,

JESSELTON.