Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 635When husband or wife of accused may give evidence.
Sub-title I
(1) Notwithstanding the provisions of article 633, spouse, civil union partner or cohabitant of the party charged or accused cannot be admitted to give evidence either in favour of or against such party, except -
(a) in the case of offences committed against the witness, or against his or her ascendants or descendants;
(b) in the case of offences against the provisions of the White Slave Traffic (Suppression) Ordinance, where the spouse the civil union partner or the cohabitant of the party charged or accused is a person on whom or in respect of whom the offence is committed or is a person on the earnings of whose prostitution the party charged or accused has lived;
(c) at the request of the party charged or accused for the evidence of his spouse, civil union partner or cohabitant, if such party is himself or herself admitted to give evidence on oath according to the provisions of the last preceding article.
(2) The provisions of this article shall also apply where spouse, civil union partner or cohabitant of the party charged or accused is a witness for or against any other person who is tried jointly with such party.
Amendment history
- Amended by XV.2017.50