Section 57 of the Criminal Procedure Ordinance now provides that the spouse of an accused shall be compellable to give evidence for the prosecution and on behalf of the accused or a co-accused if the offence charged
《刑事诉讼程序条例》第57条现规定若被控告的罪行涉及以下情况,被控人的配偶可予强迫为控方及为被控人或同案被控人提供证据:
Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceedings.
本条例的规定,并不使丈夫有资格或可予强迫在任何刑事法律程序中为妻子提供证据或提供证据指证妻子,亦不使妻子有资格或可予强迫在任何刑事法律程序中为丈夫提供证据或提供证据指证丈夫。
He recognized that where legislation provided for such information to be compellable in evidence or when a court decided that such information was compellable, then that was in fact the law.
他承认,如果立法规定这种信息在证据上具有强制性或当法院判定这种信息具有强制性,那么事实上这就是法律。
He was not talking about a situation where a court, after full argument and consideration, decided that certain information that had been obtained in conciliation was or was not compellable.
他所谈论的情形并不是法院经过充分论证和审议后裁定在调解过程中获得的某种信息是或不是强制性的。
The husband or wife of the accused person is a competent but not a compellable witness.
(2) 被告的丈夫或妻子是一个有法律能力的证人,但不是被强制作证的证人。
Any person charged with the offence of libel before any court of criminal jurisdiction, and the wife or husband of the person so charged, shall be competent, but not compellable, witnesses on every hearing at every stage of such charge.
在有刑事司法管辖权的任何法院席前被控以永久形式诽谤罪的任何人,以及如此被控的人的妻子或丈夫,在该项控罪每一阶段的每次聆讯中均为有能力作证的证人,但并非可强迫作证的证人。
It is interesting to note that in an indirect way, the spouse is a compellable witness even when the violence is directed against the spouse and this is done in the presence of children, because in such a case the violence is deemed to be exercised against the child
值得注意的是,在间接情况下,即使暴力是针对配偶的,而且是当着子女的面实施暴力,配偶也是可依法迫使作证的证人,因为在这种情况下,暴力被看作是针对子女的;
Recommendations have also been made for the amendment of the Law of Evidence to make spouses compellable witnesses in domestic violence proceedings and to provide for mandatory reporting of child abuse cases, by health and other child care professionals.
还有建议要求修改《证据法》,从而使夫妻成为家庭暴力诉讼中的强制证人,并规定保健医生和其他儿童保健专业人士有强制性义务报告儿童受虐待的案例。
"(2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid."
(2) 即使本条或任何法律规则另有规定,不得强迫丈夫或妻子在任何法律程序中就前述事宜提供证据。
Except in respect of a prosecution under this Ordinance, no return or information submitted by any bank or deposit-taking company or restricted licence bank under this Ordinance shall be disclosed or used in any proceedings, and neither the Financial Secretary nor the Monetary Authority nor any person who has been authorized to have access to any such return or information shall be compellable in any proceedings to produce or give evidence regarding any such return or information.
(4) 除非是关乎根据本条例提出的检控,否则凡由银行、接受存款公司或有限制牌照银行根据本条例提交的申报表或资料,均不得在任何法律程序中披露或使用,而在任何法律程序中,亦不得强迫财政司、金融管理专员或任何曾获授权取用该等申报表或资料的人就任何该等申报表或资料出示或提供证据。
making the spouse a compellable witness if the victim is another member of the family.
In the past, a person was not competent or compellable to give evidence for or against his or her spouse except in very limited circumstances.
以往只有在非常特殊的情况下,已婚人士才有资格或须强制为配偶作证,又或指证配偶。
A person is, under the present law, also not compellable to give evidence against his or her spouse under any circumstances.
根据现行法律,在任何情况下,任何人都不可被强迫(即不可令该人)指证配偶。