EVIDENCE ORDINANCE
Title
EVIDENCE ORDINANCE
Description
CHAPTER 8
EVIDENCE ORDINANCE*
ARRANGEMENT OF SECTIONS
Page
PART 1
PRELIMINARY
1..........Short title ........................ ... ... ... ... ... ... ... ... ... 5
2..........Interpretation...................... ... ... ... ... ... ... ... ... ... 5
PART II
ADMISSIBLE WITNESSES AND EVIDENCE
3................................Incompetency from immature age or unsoundness of mind ... ... ... ... 6
4...................Evidence of child of tender years ... ... ... ... ... ... ... ... ... 6
5..............Evidence of parties ............ ... ... ... ... ... ... ... ... ... 7
6...................Evidence of husband and wife ... ... ... ... ... ... ... ... ... ... 7
7...................Privilege of husband and wife ... ... ... ... ... ... ... ... ... ... 7
8............Evidence of access ............... ... ... ... ... ... ... ... ... ... ... 7
9.....................No incapacity from crime or interest ... ... ... ... ... ... ... ... ... 7
10...........................Exception as to defendant in criminal proceedings ... ... ... ... ... ... 8
11..........................................Evidence of parties and their husbands and wives in proceedings for adultery 8
12..............Discrediting a witness ........ ... ... ... ... ... ... ... ... ... ... 8
13.............................Proof of contradictory statement of adverse witness ... ... ... ... ... 8
14.............................Cross-examination as to previous statement in writing ... ... ... ... ... 8
15....................................Proof of conviction and previous conviction for indictable offence ... ... 9
16....................Attesting witness need not be called ... ... ... ... ... ... ... ... ... 9
17.........................Comparison of disputed with genuine writing ... ... ... ... ... ... ... 9
17A. Evidence in criminal proceedings to prove unrecorded event did not happen ... 9
PART Ill
ADMISSIBLE DOCUMENTS
18.....................Copy of document of public nature ... ... ... ... ... ... ... ... ... 10
19............Official documents ............... ... ... ... ... ... ... ... ... ... ... 10
19A....................................Certificate in criminal proceedings in respect of foreign documents ... ... 10
19B..................................Certificate in criminal proceedings of designation of foreign bank ... ... ... 11
19C.......................Privilege relating to sections 19A and 19B ... ... ... ... ... ... ... ... 12
20...................Copy of entry in banker's record ... ... ... ... ... ... ... ... ... ... 12
21.......................................Court or judge may direct copies of entries in banker's record to be taken ... 13
vA. Evidence in criminal proceedings from documentary records ... ... ... ... 14
22A.......................................Documentary evidence in criminal proceedings from computer records ... 15
,.,22B. Provisions supplementary to sections 22 and 22A 18
23. Copy of records of Royal Observatory ... ... ... ... ... ... ... ... ... 19
The Civil Evidence Ordinance 1973 (No. 49 of 1973) has been consolidated into this
Ordinance as Part V.
Section .................... Page
24. Certificate of accuracy of chronometer ... ... ... ... ... ... 20
25......................Government Chemist's certificates ... ... ... ... ... ... ... ... ... 20
26......................Certificates as to photographic process ... ... ... ... ... ... ... ... ... 21
27......................Certified translations of documents ... ... ... . ... ... ... ... ... 21
28.......................................Certificates of accuracy of speedometers and radar and weighing devices ... 22
29......................Certificate of posting of documents ... ... ... ... ... ... ... ... ... 23
29A.......................Certified transcripts of tape recordings ... ... . ... ... ... ... ... 24
30. Computation of time ....................... ... ... ... ... ... ... ... 25
31. Proof of foreign or colonial act of state, judgment, etc. . ... ... ... ... ... 25
32..........................Proof of statutes of Commonwealth Country ... ... ... ... ... ... ... 26
33. Swearing of answer, etc., in High Court in England, etc. ... ... ... ... ... 27
34. Admissibility of document having seal and signature of British ambassador, etc. 27
35..........................Proof of various matters in civil proceedings ... ... ... ... ... ... ... 27
36. Effect of notices in Gazette .............. ... ... ... ... ... ... ... ... 28
37.................................Admissibility of document filed in foreign court or consulate ... ... ... ... 28
38.................................Courts to take judicial notice of signature of judges, etc. ... ... ... ... 28
39. Prints of films of public documents .... ... ... ... ... ... ... ... ... 28
40. Prints from films of Government documents, etc . ... ... ... ... ... ... 29
41. Interpretation ............................ 1 ... ... ... ... 30
42. Proof of instrument to validity of which attestation is necessary ... ... ... 30
43..........................Presumptions as to documents 20 years old ... ... ... ... ... ... ... 30
44. Power to order proof of specified facts by affidavit with or without attendance of
deponent ................................ ... ... ... ... ... ... ... 31
45. Interpretation and savings ............. ... ... ... ... ... ... ... ... 31
PART IV
HEARSAY EVIDENCE IN CIVIL
PROCEEDINGS
46. Hearsay evidence to be admissible only by virtue of this or any other Ordinance or
by agreement ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31
47....................................Admissibility of out-of-court statements as evidence of facts stated ... ... 31
48....................................Witness's previous statement, if proved, to be evidence of facts stated ... ... 32
49................................Admissibility of certain records as evidence of facts stated ... ... ... ... 33
so. Admissibility of statements produced by computers 33
51. Provisions supplementary to sections 47 to 50 35
52. Admissibility of evidence as to credibility of maker, etc. of statement admitted
under section 47 or 49 ... ... ... ... ... ... ... ... ... ... ... ... 36
53. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 37
54. Admissibility of certain hearsay evidence formerly admissible at common law ... 37
55. Interpretation of sections 46 to 54 and application to arbitrations. etc. ... ... 38
PART V
EVIDENCE OF OPINION AND EXPERT
EVIDENCE
56. Application of Part IV to statements of opinion ... ... ... ... ... ... ... 40
57. Rules with respect to expert reports and oral expert evidence ... ... ... ... ... 40
Section Page
58. Admissibility of expert opinion and certain expressions of non-expert opinion 40
59, Evidence of foreign law .................... ... ... ... ... ... ... ... 41
60. Interpretation, application to arbitrations etc. and savings ... ... ... ... 42
61. [Repealed] ................................ ... ... ... ... ... 43
PART VI
CONVICTIONS AND
PRIVILEGE
Con Convictions, etc. as evidence in civil
proceedings
62.........................Convictions as evidence in civil proceedings ... ... ... ... ... ... ... 43
63.............................Findings of adultery as evidence in civil proceedings ... ... ... ... ... 44
64..................................Conclusiveness of convictions for purposes of defamation actions ... ... ... 44
Privilege
65. Privilege against incrimination of self or spouse ... ... ... ... ... ... ... 45
66..................Abolition of certain privileges ... ... ... ... ... ... ... ... ... 46
67. Consequential amendments relating to privilege ... ... ... ... ... ... 46
General
68. Interpretation and savings of Parts IV and VI ... ... ... ... ... ... ... 47
69.......Rules ................................ ... ... ... ... ... ... ... ... 48
PART VII
DEPOSITIONS
70. Admissibility in evidence in criminal proceedings of deposition of person dead.
etc. ...................... . ........... ... ... ... ... ... ... ... 48
71................................Prima facie proof of examination having been duly taken ... ... ... ... 48
72................................Objection that deposition tendered was not signed by magistrate ... ... ... 49
73. Power to take deposition of person dangerously ill, etc., and admissibility thereof 49
PART VIII
EVIDENCE FOR PROCEEDINGS IN OTHER
JURISDICTIONS
74............Interpretation .................. ... ... ... ... ... ... ... ... ... 50
Evidence for civil proceedings
75. Application to the HighCourt for assistance in obtaining evidence for civil
proceedings in another court ............. ... ... ... ... ... ... ... 50
76. Power of a court in Hong Kong to give effect to an application for assistance ... 50
77..............Privilege of witnesses ... ... ... ... ... ... ... ... ... ... ... 51
77A.............Effect of subpoena ............ ... ... ... ... ... ... ... ... ... 52
Evidence for criminal proceedings
77B. Power of Hong Kong court to assist in obtaining evidence for criminal proceedings
in an overseas court .................... ... ... ... ... ... ... ... ... 52
Supplementary
77C...........Rules of court .................. ... ... ... ... ... ... ... ... ... 52
77D. Saving 53
Section ....Page
PART VIIIA
OBTAINING OF EVIDENCE IN OTHER JURISDICTIONS FOR USE IN
CRIMINAL PROCEEDINGS IN HONG KONG
77E. Issue of letter of request to obtain evidence in criminal proceedings ... 53
77F. Admissibility in criminal proceedings of evidence obtained pursuant to letter of
request .............. ................. ... ... ... ... ... 54
77G..........................Provisions supplementary to sections 77E and 77F ... ... ... ... ... ... 57
PART IX
MISCELLANEOUS
78.............................Impounding of forged document admitted in evidence ... ... ... ... ... 57
79...........................Admissibility of certain medical notes and reports ... ... ... ... ... ... 58
80. Observations and evidence of accused person before magistrate to be taken down
and to be admissible at trial ............ . ... ... ... ... ... 58
81.............................Warrant or order to bring up prisoner to give evidence ... ... ... ... ... 58
82................Saving as to Wills Act 1837 ... ... ... ... ... ... ... ... ... ... ... 58
Schedule, Forms ................................ ... ... ... ... ... ... ... 59
CHAPTER 8
EVIDENCE
To consolidate the law of evidence. Originally
2 of 1889.
26 of 1886.
31 F 911.
[18 January 1889.] (Cap. 8. 1950.)
49 of 1971.
,of 908.
9 or 1908.
3 of 1909.
30 of 1911.
50 of 1911 51
of 1911. 62
of 1911. 63
of 9
21 of 1912
of 1912 27
of 191
43 of 19
13 of 915. 11 of
1915 20 of 1922
of 1922 5 of
1924. 1 of
927. 33 of
1934. 27 of
1937 6 of 939.
2 of 1946. 9 of
950. 24 of
1950. 37 of
1950. 21 of
1966. 46 of
1967. 25 of
1969. 31 of
1969. 69 of
1970. 35 of
1971. 20 of
1972. 35 of
1972. 6 of
1973. 42 of
1973. 15 of 1
975. 92 of
1975. 2 of 1977
of 1978. 65 of
1980 of 198 1.
L.N- 76182, 47
of 1982. L.N.
298182. 37 of
1984.
PART I
PRELIMINARY
1. This Ordinance may be cited as the Evidence Ordinance. Short title.
(Amended, 5 of 1924, s. 6)
2. In this Ordinance, unless the context otherwise requires- Interpretation
'bank' means any corporation, company, or society established by
charter or under or by virtue of any Act of Parliament or
Ordinance, lawfully carrying on the business of bankers, or any
foreign banking company carrying on business in Hong Kong
(Amended, 9 of 1950, Schedule and 3 7 of 1984, s. 11)
'banker's record' includes-
(a) any document or record used in the ordinary business of a
bank;and
(b)any record so used which is kept otherwise than in a legible
form and is capable of being reproduced in a
legible form;(Replaced, 37 of 1984, s. 2)
[cf. 1851 c. 99, s. 16.1'court' includes the Chief Justice and any other judge, also
every magistrate, justice, officer of any court, commissioner,
arbitrator, or other person having, by law or by consent of
parties, authority to hear, receive, and examine evidence with
respect to or concerning any action, suit, or other proceeding
civil or criminal, or with respect to any matter submitted to
arbitration or ordered to be inquired into or investigated under
any commission; (Amended, 50 of 1911; 62 of 1911, Schedule
and 27 of 1912)
'Government Chemist means the person appointed as such
by the Governor and such other person as the Governor may
appoint in writing to carry out examinations or analyses of
articles or substances and to sign certificates under section 25
in relation thereto. (Added, 31 of 1969, s. 2. Amended,
42 of 1973, s. 2)
PART II
ADMISSIBLE WITNESSES AND
EVIDENCE
Incompetency 3. The following persons only shall be incompetent to give
from immature evidence in any proceedings-
age or unsound-
ness of mind. (a) children under 7 years of age, unless they appear capable
of receiving just impressions of the facts respecting which
they are examined and of relating them truly; and
(b) persons of unsound mind, who, at the time of their
examination, appear incapable of receiving just impres-
sions of the facts respecting which they are examined
or of relating them truly; and no person who is known
to be of unsound mind shall be liable to be summoned
as a witness without the consent previously obtained
of the court or person before whom his attendance is
required.
Evidence of child 4.Where, in any proceeding against any person for an
of tender years. offence, any child of tender years who is tendered as a witness
1908 c. 67, s. 30. does not in the opinion of the court understand the nature of
an oath, the evidence of that child may be received, though not
given upon oath, if, in the opinion of the court, the child is
possessed of sufficient intelligence to justify the reception of the
evidence, and understands the duty of speaking the truth; and the
provisions of section 70 shall extend to the evidence of the child,
though not given on oath, but otherwise taken and reduced into
writing in accordance with the provisions of section 81 of the
(Cap. 227) Magistrates Ordinance:
Provided that
(a)no person shall be liable to be convicted of the offence unless
the testimony admitted by virtue of this section and given on
behalf of the prosecution is corroborated by some other
material evidence in support thereof implicating the accused;
and
(b)any child, whose evidence is received as aforesaid and who
wilfully gives false evidence under such circumstances that, if
the evidence had been given on oath, he would have been
guilty of perjury, shall, subject to the provisions of the Juvenile
Offenders Ordinance, be liable on summary conviction to such
punishment as might have been awarded had he been charged
with perjury and the case been dealt with summarily under
section 8 of that Ordinance.
(Added, 33 of 1934, s. 2)
5. In all proceedings before the court, the parties and the husbands
and wives of the parties thereto, and the persons in whose behalf any
proceedings may be brought, or instituted, or opposed, or defended,
and the husbands and wives of such persons shall, except as hereinafter
excepted, be competent and compellable to give evidence, either viva
voce or by deposition, according to the practice of the court, on behalf
of either or any of the parties to the proceedings.
(Amended, 27 of 1937, Schedule)
6. 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.
7. In criminal proceedings, a husband shall not be compellable to
disclose any communication made to him by his wife during the marriage
nor shall a wife be compellable to disclose any communication made to
her by her husband during the marriage.
(Amended, 9 of 1908, s. 2 and 25 of 1969, s. 2)
8. (1) Notwithstanding any rule of law, the evidence of a husband
or wife shall be admissible in any proceedings to prove that marital
intercourse did or did not take place between them at any period.
(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.
(Added, 37 of 1950, Schedule)
9. No person offered as a witness in any proceedings shall be
excluded by reason of incapacity from crime or interest from giving
evidence, either in person or by deposition, according to, the practice
of the court, on the trial or hearing of any proceedings or at any
stage thereof. (Amended, 50 of 1911, s. 4)
10. Nothing in this Ordinance shall render any person who in any
criminal proceedings is charged with an indictable offence or any
offence punishable on summary conviction compellable to give
evidence for or against himself, or shall render any person in any
proceedings compellable to answer any question tending to criminate
himself.
(Amended, 50 of 1911; 62 of 1911, Schedule)
11. In any proceedings instituted in consequence of adultery, the
parties to such proceedings and the husbands and wives of such
parties shall be competent to give evidence in relation thereto.
(Amended, 25 of 1969, s. 3)
12. A party producing a witness in any proceedings shall not be
allowed to impeach his credit by general evidence of bad character, but
he may, in case the witness, in the opinicn of the court, proves adverse,
contradict him by other evidence or, by leave of the court, prove that he
has made at other times a statement inconsistent with his present
testimony, but, before such lastmentioned proof can be given. the
circumstances of the supposed statement, sufficient to designate the
particular occasion, must be mentioned to the witness, and he must be
asked whether or not he has made such statement.
13. If a witness in any proceedings, on cross-examination as to a
former statement made by him relative to the subject-matter of the
proceedings and inconsistent with his present testimony, does not
distinctly admit that he has made such statement, proof may be given
that he did in fact make it; but, before such proof can be given, the
circumstances of the supposed statement, sufficient to designate the
particular occasion. must be mentioned to the witness, and he must be
asked whether or not he has made such statement.
14. A witness in any proceedings may be cross-examined as to
previous statements made by him in writing or reduced into writing
relative to the subject-matter of the proceedings, without such writing
being shown to him; but if it is intended to contradict such witness by
the writing, his attention must, before such contradictory proof can be
given, be called to those parts of the writing which are to be used for
the purpose of so contradicting him:
Provided always that it shall be competent for the court, at any time
during the trial or hearing of the proceedings, to require the production
of the writing for its inspection, and the court may thereupon make such
use of it for the purposes of the trial or hearing as it may think fit.
15. A witness in any proceedings may be questioned as to
whether he has been convicted of any felony or misdemeanor, and,
on being so questioned, if he either denies or does not admit the
fact or refuses to answer, it shall be lawful for the cross-examining
or opposite party to prove such conviction, and in such case, and
also whenever it may be necessary to prove the trial and conviction
or acquittal of any person charged with an indictable offence, a
certificate, record, or extract of the conviction containing the
substance and effect only (omitting the formal part) of the convic-
tion for such offence, purporting to be signed by the clerk of the
court or other officer having the custody of the records of the court
where the offender was convicted, or acquitted, or by the deputy of
such clerk or officer, shall, on proof of the identity of the person, be
sufficient evidence of such conviction or acquittal, without proof of
the signature or official character of the person appearing to have
signed the same.
16. It shall not be necessary in any proceedings to prove
by the attesting witness any instrument to the validity of which
attestation is not requisite; and such instrument may be proved
by admission or otherwise as if there had been no attesting witness
thereto.
17. Comparison of a disputed writing with any writing proved
to the satisfaction of the court to be genuine shall be permitted to be
made by witnesses in any proceedings, and such writings, and the
evidence of witnesses respecting the same, may be submitted to the
court and to the jury, if any, as evidence of the genuineness or
otherwise of the writing in dispute.
17A. (1) Where in any criminal proceedings the happening of
an event of any description is relevant, and it is proved that a system
has been followed whereby a person acting under a duty has
compiled a record of the happening of all events of that description,
evidence that there is no record of the happening of the event in
question shall be admitted as prima facie evidence to prove that the
event did not happen.
(2) This section shall not apply to any record compiled in
connexion with any criminal proceedings or with any investigation
relating or leading to any criminal proceedings.
(3) Where evidence is tendered under this section, the court
may require that the whole or part of the record concerned be
produced and, in default, may reject the evidence or, if it has been
received, exclude it.
(4) Any reference in this section to a person acting under a
duty includes a reference to a person acting in the course of any
occupation in which he is engaged or employed or for the purposes
of any paid or unpaid office held by him.
(Added, 37 of 1984, s. 3)
PART III
ADMISSIBLE DOCUMENTS
18. Whenever any book or other document is of such a public
nature as to be admissible in evidence on its mere production from the
proper custody, and no enactmen exists which renders its P_
contents provable by means of a copy, and copy thereof or extract therefrom
shall be admissible in evidence in the court, provided it is proved to be
an examined copy or extract or provided it purports to be signed and
certified as a true copy or extract by the officer to whose custody the
original is entrusted, and which officer is hereby required to furnish
such certified copy or extract to any person applying at a reasonable
time for the same, on payment of a reasonable sum for the same, not
exceeding 50 cents for every folio of 72 words.
(Amended, 51 of 1911; 63 of 1911, Schedule and 9 of 1950,
Schedule)
19. Whenever, by any enactment, any certificate, official or public
document, or proceeding of any corporation or joint-stock or other
company, or any certified copy of any document, by-law, entry in any
register or other book, or of any other proceeding is receivable in
evidence of any particular in the court or before the Legislative Council
or any committee thereof, the same shall respectively be admitted in
evidence, provided they respectively purport to be sealed or impressed
with a stamp, or sealed and signed, or signed alone, as required, or
impressed with a stamp and signed, as directed by the enactment,
without any proof of the seal or stamp where a seal or stamp is
necessary, or of the signature or of the official character of the person
appearing to have signed the same, and without any further proof
thereof, in every case in which the original record could have been
received in evidence.
(Amended, 51 of 1911 and 63 of 1911, Schedule)
19A. (1) Any document purporting to be signed by the Chief
Secretary and certifying that any foreign document attached thereto has
been received by him in connexion with any criminal proceedings shall
be admitted in evidence in those proceedings together with the
document attached thereto, on production without further proof, as
prima facie evidence of the facts contained in such documents.
(2) In this section 'foreign document means a document
purporting to be
(a) a true copy or extract from
(i) any record, book or document of a public nature kept or
maintained in any plate outside Hong Kong; or
Note: As to Admissibility in United Kingdom of certain Hong Kong public
registers, see S.I. 1962 No. 642.
(ii) any document filed in or issued out of an office kept or
maintained in any place outside Hong Kong for the purpose
(whether the sole purpose or not) of registering companies or
business names or the ownership of property; and
(b)signed and certified as a true copy of or extract from any such
record, book or document by a person having custody or
control thereof.
(3) In relation to a document tendered in evidence under this
section and purporting to be signed and certified as a true copy of or
extract from any record, book or document by a person having custody
or control thereof, it shall be presumed, unless the contrary is proved,
that such record, book or document is
(a)a record, book or document of a public nature kept or
maintained in a place outside Hong Kong; or
(b)a document filed in or issued out of an office kept or maintained
in a place outside Hong Kong for the purpose of registering
companies or business names or the ownership of property,
if there is endorsed on the document a statement purporting to be
signed by that person to that effect.
(4) Unless the court otherwise orders, a document shall not be
admitted in evidence under this section unless 14 days' notice in writing
of the intention to tender such document in evidence, together with a
copy thereof and of the certificate of the Chief Secretary in respect
thereof, has been served
(a)where the document is tendered by the prosecution, on the
defendant (or, if more than one, on each defendant) or his
solicitor;
(b)where the document is tendered by a defendant, on the
Attorney General,
but nothing in this subsection shall affect the admissibility of a
document in respect of which notice has not been served in accordance
with the requirements of this subsection if no person entitled to be so
served objects to its being so admitted.
(Added, 37 of 1984, s. 4)
19B.The Financial Secretary may, for the purposes of any criminal
proceedings, designate any body formed or established outside Hong
Kong which carries on the business of banking outside Hong Kong, and
a certificate purporting to be signed by the Financial Secretary and
certifying that any such body described therein has been designated by
him under this section for the purposes of those proceedings shall, on
its production without further proof, be admitted in those proceedings
as prima facie evidence of the facts contained therein.
(Added, 37 of 1984, s. 4)
19C. The Chief Secretary or the Financial Secretary shall not
be compelled to attend as a witness in any criminal proceedings in
which a certificate purporting to have been signed by him is tendered
in evidence under section 19A or 19B, as the case may be, if the
matter in respect of which his attendance is required relates solely to
that certificate.
(Added, 37 of 1984, s. 4)
20. (1) Subject to this section, a copy of any entry or matter
recorded in a banker's record shall, on its production without
further proof, be admitted in any proceedings as prima facie
evidence of the matters, transactions and accounts therein recorded
if-
(a) it is proved-
(i) that such entry was made or matter recorded in the
ordinary course of business; and
(ii) that such record is in the custody or control of the
bank;and
(b)except in the case of a copy made by any photographic
process and subject to subsection (3), it is proved by some
person who has examined the copy with the original entry,
that the copy has been examined with the original entry
and is correct.
(2) A bank or officer of a bank shall not, in any proceedings
other than proceedings instituted by or against the bank, be com-
pelled to produce any banker's record the contents of which can be
proved under this section, or to appear as a witness to prove the
matters, transactions or accounts therein recorded, except-
(a)in civil proceedings, by order of a judge made for special
cause;
(b) in criminal proceedings, by order of the court of trial.
(3) In the case of a banker's record kept by means of a
computer, it shall not be necessary to prove the matters referred to
in subsection (1)(b) in relation to a document produced by the
computer which is tendered in evidence under this section as a
copy of a matter recorded therein if (subject, in the case of civil
proceedings, to any rules of court made under section 54 of the
Supreme Court Ordinance with respect to this subsection) it is
proved-
(a)that the document was so produced under the direction of
a person having practical knowledge of and experience in
the use of computers as a means of storing, processing or
retrieving information;
(b)that during the period when the computer was used for the
purpose of keeping such record, appropriate measures
were in force for preventing unauthorized interference with
the computer; and
(e)that during that period, and at the time that the document was
produced by the computer, the computer was operating
properly or, if not, that any respect in which it was not
operating properly or was out of operation was not such as to
affect the production of the document or the accuracy of its
contents,
and for the purposes of this subsection 'computer' has the same
meaning as in section 22A.
(4) In any proceedings, the matters referred to in subsection (1)(a)
and (b) and subsection (3)(a), (b) and (c) in relation to a banker's
record may be proved, orally or by affidavit, by any officer of the bank,
and any such affidavit shall, on its production without further proof, be
admitted in evidence and may include an explanation of the contents of
the copy of any entry or matter recorded in such banker's record which
is tendered in evidence or any abbreviations, symbols or other markings
appearing in such copy that may be relevant in the proceedings, and a
description of the banker's record, its nature and use, and the
procedures followed in keeping it; and for the purposes of this
subsection it shall be sufficient for a matter referred to in subsection
(1)(a)(i) or (3)(c) to be stated in an affidavit to the best of the
knowledge and belief of the person making the affidavit.
(5) In relation to any criminal proceedings-
(a)this section shall apply to any document or record used in the
ordinary business of a body designated by the Financial
Secretary under section 19B for the purposes of such criminal
proceedings as it applies to a banker's record, and a reference
in this section to a bank shall, in its application to such
document or record, be construed as a reference to the body
so designated; but
(b)this section shall not apply to any document or record used
(i) by a deposit-taking company which is a company
registered under Part 1 or IX of the Companies Ordinance;
(ii) by a deposit-taking company which is a company to
which Part XI of that Ordinance applies if such document or
record is used in its ordinary business in Hong Kong,
and for the purposes of this paragraph 'deposit-taking
company' means a company which is required by the
Deposit taking Companies Ordinance to he registered
licensed thereunder.
(Replaced, 37 of 1984, s. 5)
21. (1) On the application of any party to any proceedings, the
court or a judge may order that such party be at liberty to inspect and
take copies of any entries in a banker's record for any of the purposes
of such proceedings. (Amended, 37 of 1984, s.6)
(2) An order under this section may be made either with or without
summoning the bank or any other party, and shall be served on the
bank 3 clear days before the same is to be obeyed, unless the court or
judge otherwise directs.
(3) The costs of any application to the court or judge under or for
the purposes of this section, and the costs of anything done or to be
done under an order of the court or judge made under or for the
purposes of this section, shall be in the discretion of the court or judge,
who may order the same or any part thereof to be paid to any party by
the bank, where the same have been occasioned by default or delay on
the part of the bank.
(4) Any such order against a bank may be enforced as if the bank
were a party to the proceeding.
22. (1) Subject to this section and section 22B, a statement
contained in a document shall be admitted in any criminal proceedings
as prima facie evidence of any fact stated therein if
(a)direct oral evidence of that fact would be admissible in those
proceedings; and
(b)the document is or forms part of a record compiled by a
person acting under a duty from information supplied by a
person (whether acting under a duty or not) who had, or may
reasonably be supposed to have had, personal knowledge of
the matters dealt with in that information; and
(c) the person who supplied the information-
(i) is dead or by reason of his bodily or mental condition
unfit to attend as a witness;
(ii) is outside Hong Kong and it is not reasonably
practicable to secure his attendance;
(iii) cannot be identified and all reasonable steps have been
taken to identify him:
(iv) his identity being known, cannot be found and all
reasonable steps have been taken to find him;
(v) cannot reasonably be expected (having regard to the
time which has elapsed since he supplied or acquired the
information and to all the circumstances) to have any
recollection of the matters dealt with in that information; or
(vi) having regard to all the circumstances of the case.
cannot be called as a witness without his being so called
being likely to cause undue delay or expense.
(2) A statement made in connexion with any criminal proceedings
or with any investigation relating or leading to any criminal proceedings
shall not be admissible under this section.
(3) Subsection (1) applies whether the information was supplied
directly or indirectly but. if it was supplied indirectly. only if
each person through whom it was supplied was acting under a duty;
and that subsection applies also where the person who compiled the
record also supplied the information.
(4) Where in any criminal proceedings a statement based on
information supplied by any person is given in evidence by virtue of
this section
(a)any evidence which, if that person had been called as a
witness, would have been admissible as relevant to his
credibility as a witness shall be admissible for that purpose in
those proceedings; and
(b)evidence tending to prove that that person has, whether before
or after supplying the information, made a statement (whether
oral or otherwise) which is inconsistent with that information
shall be admissible for the purpose of showing that he has
contradicted himself..
Provided that nothing in this subsection shall enable evidence to
be given of any matter of which, if the person in question had been
called as a witness and had denied that matter in crossexamination,
evidence could not have been adduced by the crossexamining party.
(5) A statement which is admissible by virtue of this section shall
not be capable of corroborating evidence given by the person who
supplied the information on which the statement is based.
(6) In deciding for the purposes of subsection (1)(c)(i) whether a
person is unfit to attend as a witness the court may act on a certificate
purporting to be signed by a medical practitioner registered or deemed
to be registered under the Medical Registration Ordinance.
(7) Any reference in this section to a person acting under a duty
includes a reference to a person acting in the course of any occupation
in which he is engaged or employed or for the purposes of any paid or
unpaid office held by him.
(8) This section does not apply to any document to which section
22A applies.
(Replaced, 37 of 1984, s. 7)
22A. (1) Subject to this section and section 22B, a statement
contained in a document produced by a computer shall be admitted in
any criminal proceedings as prima facie evidence of any fact stated
therein if
(a)direct oral evidence of that fact would be admissible in those
proceedings; and
(b)it is shown that the conditions in subsection (2) are satisfied in
relation to the statement and computer in question.
(2) The conditions referred to in subsection (1)(b) are-
(a)that the computer was used to store, process or retrieve
information for the purposes of any activities carried on by
any body or individual;
(b)that the information contained in the statement reproduces or
is derived from information supplied to the computer in the
course of those activities; and
(c)that while the computer was so used in the course of those
activities
(i) appropriate measures were in force for preventing
unauthorized interference with the computer; and
(ii) the computer was operating properly or, if not, that any
respect in which it was not operating properly or was out of
operation was not such as to affect the production of the
document or the accuracy of its contents.
(3) Notwithstanding subsection (1), a statement contained in a
document produced by a computer used over any period to store,
process or retrieve information for the purposes of any activities ('the
relevant activities') carried on over that period shall be admitted in any
criminal proceedings as prima facie evidence of any fact stated therein if
(a)direct oral evidence of that fact would be admissible in those
proceedings;
(b)it is shown that no person (other than a person charged with
an offence to which such statement relates) who occupied a
responsible position during that period in relation to the
operation of the computer or the management of the relevant
activities
(i) can be found; or
(ii) if such a person is found, is willing and able to give
evidence relating to the operation of the computer during that
period;
(c)the document was so produced under the direction of a
person having practical knowledge of and experience in the
use of computers as a means of storing, processing or
retrieving information; and
(d)at the time that the document was so produced the computer
was operating properly or, if not, any respect in which it was
not operating properly or was out of operation was not such
as to affect the production of the document or the accuracy of
its contents,
but a statement contained in any such document which is tendered in
evidence in criminal proceedings by or on behalf of any person charged
with an offence to which such statement relates shall not be admissible
under this subsection if that person occupied a responsible position
during that period in relation to the operation of the computer or the
management of the relevant activities.
(4) Where over a period the function of storing, processing or
retrieving information for the purposes of any activities carried on
over that period was performed by computer, whether-
(a)by a combination of computers operating over that period;
or
(b)by different computers operating in succession over that
period; or
(c)by different combinations of computers operating in
succession over that period; or
(d)in any other manner involving the successive operation
over that period, in whatever order, of one or more
computers and one or more combinations of computers,
all the computers used for that purpose whether by one or more
persons or bodies during that period shall be treated for the
purposes of this section as constituting a single computer.
(5) Subject to subsection (6), in any criminal proceedings
where it is desired to give a statement in evidence by virtue of this
section, a certificate-
(a)identifying the document containing the statement and
describing the manner in which it was produced, and
explaining, so far as may be relevant in the proceedings,
the nature and contents of the document;
(b)giving such particulars of any device involved in the
production of that document as may be appropriate for the
purpose of showing that the document was produced by a
computer;
(c)dealing with any of the matters to which the conditions
mentioned in subsection (2) relate,
and purporting to be signed by a person occupying a responsible
position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate)
shall, on its production without further proof, be admitted in those
proceedings as prima facie evidence of any matter stated in the
certificate; and for the purposes of this subsection it shall be
sufficient for a matter to be stated to the best of the knowledge and
belief of the person stating it.
(6) Unless the court otherwise orders, a certificate shall not be
admitted in evidence under subsection (5) unless 14 days' notice in
writing of the intention to tender such certificate in evidence,
together with a copy thereof and of the statement to which it relates,
has been served-
(a)where the certificate is tendered by the prosecution, on the
defendant (or, if more than one, on each defendant) or his
solicitor;
(b)where the certificate is tendered by a defendant, on the
Attorney General,
but nothing in this subsection shall affect the admissibility of a
certificate in respect of which notice has not been served in accordance
with the requirements of this subsection if no person entitled to be so
served objects to its being so admitted.
(7) Notwithstanding subsection (5), a court may (except where
subsection (3) applies) require oral evidence to be given of any of the
matters mentioned in subsection (5).
(8) Any person who in a certificate tendered in evidence under
subsection (5) makes a statement which he knows to be false or does
not believe to be true shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000 and to imprisonment for 2 years.
(9) For the purposes of this section-
(a)information shall be taken to be supplied to a computer if it is
supplied to it in any appropriate form and whether it is so
supplied directly or (with or without human intervention) by
means of any appropriate equipment;
(b)where, in the course of activities carried on by any individual
or body, information is supplied with a view to its being stored,
processed or retrieved for the purposes of those activities by a
computer operated otherwise than in the course of those
activities, that information, if duly supplied to that computer,
shall be taken to be supplied to it in the course of those
activities;
(e)a document shall be taken to have been produced by a
computer whether it was produced by it directly or (with or
without human intervention) by means of any appropriate
equipment.
(10) The Chief Justice may make rules with respect to the procedure
to be followed under this section.
(11) Nothing in this section affects the admissibility of a document
produced by a computer where the document is tendered otherwise
than for the purpose of proving a fact stated in it.
(12) Subject to subsection (4), in this section 'computer' means any
device for storing, processing or retrieving information, and any
reference to information being derived from other information is a
reference to its being derived therefrom by calculation, comparison or
any other process.
(13) The Legislative Council may by resolution amend subsection
(12) so as to make it cover devices performing functions of a similar
character to the functions performed by the devices mentioned in that
subsection.
(Added, 37 of 1984, s. 7)
22B. (1) Where in any criminal proceedings a statement contained
in a document is admissible in evidence by virtue of section 22 or 22A,
it may be proved by the production of that document or
(whether or not that document is still in existence) by the production of
a copy of that document or of the material part thereof.
(2) Where in any criminal proceedings a statement contained in a
document is admitted in evidence by virtue of section 22 or 22A, the
court may draw any reasonable inference from the circumstances in
which the statement was made or otherwise came into being or from any
other circumstances, including the form and contents of the document
in which the statement is contained.
(3) In estimating the weight, if any, to be attached to a statement
admitted in evidence by virtue of section 22 or 22A. regard shall be had
to all the circumstances from which any inference can reasonably be
drawn as to the accuracy or otherwise of the statement and, in particular
(a)in the case of a statement falling within section 22, to the
question whether or not the person who supplied the
information from which the record containing the statement
was compiled did so contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not that person, or any person
concerned with compiling or keeping the record containing the
statement, had any incentive to conceal or misrepresent the
facts; and
(b)in the case of a statement falling within section 22A, to the
question whether or not the information which the information
contained in the statement reproduces or is derived from was
supplied to the relevant computer, or recorded for the purpose
of being supplied to it, contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not any person concerned with the
supply of information to that computer, or with the operation of
that computer or any equipment by means of which the
document containing the statement was produced by it, had
any incentive to conceal or misrepresent the facts.
(4) In sections 22 and 22A and this section 'document'. 'copy'
and 'statement' have the same meaning as in Part IV.
(5) Nothing in section 22 or 22A shall prejudice the admissibility of
any evidence that would be admissible apart from that section.
(Added, 37 of 1984, s. 7)
23. A document purporting to be a copy of the records or part of
the records kept by the Director of the Royal Observatory and
purporting to be certified by the officer having the custody of the
records shall be admitted in evidence in criminal or civil proceedings
before any court on its production without further proof, and
(a)until the contrary is proved, the court before which such
document is produced shall presume
(i) that the document is certified by such officer;
(ii) that the document is a true copy of the records or part
of the records to which it refers; and
(iii) that the records were duly made and compiled at the
time referred to in the document; and
(b)such document shall be prima facie evidence of all matters
contained therein.
(Added, 46 of 1967, s. 2. Amended, 31 of 1969, s. 3)
24. A document purporting to be a record of the testing of and the
accuracy of a chronometer and purporting to be certified by an officer
of the Royal Observatory shall be admitted in evidence in criminal or
civil proceedings before any court on its production without further
proof, and
(a)until the contrary is proved the court before which such
document is produced shall presume
(i) that the document is certified by such officer;
(ii) that the facts stated in the document relating to the
chronometer are true; and
(iii) that the record was made and compiled at the time
referred to in the document; and
(b)such document shall be prima facie evidence of all matters
contained therein.
(Added, 46 of 1967, s. 2. Amended, 31 of 1969, s. 4)
25. (1) A document in the form set out in Form 1 of the Schedule
purporting to be signed by the Government Chemist and purporting to
be a certificate as to any article or substance submitted to him shall be
admitted in evidence in criminal or civil proceedings before any court on
its production without further proof, and
(a)until the contrary is proved, the court before which such
document is produced shall presume that the signature to the
document is genuine and that the person signing it was the
Government Chemist at the time when he signed it; and
(b)such document shall be prima facie evidence of all matters
contained therein.
(2) A document given for the purposes of subsection (1) may be
signed by the Government Chemist when any examination or analysis
has been made by a person acting under his supervision and direction
and the Government Chemist is satisfied as to the examination or
analysis,
(3) Where any document is produced and admitted as evidence
under subsection (1), the court may, if it thinks fit, on its
own motion or on the application of any party to the proceedings,
summon the person who signed the document and examine him as to
the subject matter thereof.
(Added, 31 of 1969, s. 5. Amended, 35 of 1972, s. 2)
26. (1) A document in the form set out in Form 2 of the Schedule
purporting to be signed by a person duly appointed under subsection
(2) and purporting to be a certificate as to the processing of exposed
film received and processed by him shall, together with the
photographic prints or photographic enlargements referred to therein,
be admitted in evidence in criminal proceedings before any court on its
production without further proof, and
(a)until the contrary is proved, the court before which such
document is produced shall presume that the signature to the
document is genuine and that the person signing it was duly
appointed under subsection (2) at the time when he signed it;
and
(b)such document shall be prima facie evidence of all matters
contained therein.
(2) The Commissioner of Police may appoint in writing such public
officers as he thinks fit to carry out the processing of exposed film and
to sign certificates under subsection (1) in relation thereto.
(3) Where any document is produced and admitted as evidence
under subsection (1), the court may, if it thinks fit, on its own motion or
on the application of the prosecution or the defendant, summon the
person who signed the document and examine him as to the subject
matter thereof.
(Added, 31 of 1969, s. 5)
27. (1) A document purporting-
(a)to be a translation of the whole or any part of a document
written in a language other than the English language which
has been admitted in evidence in any criminal or civil
proceedings; and
(b)to be certified, by a person appointed under subsection (2) to
certify translations of documents written in such other
language, as an accurate translation,
shall be admitted in evidence in those proceedings on its production
without further proof and, until the contrary is proved, the court before
which such document is produced shall presume that
(i)the signature on the document of the person certifying it is
genuine;
(ii)such person was at the time of certifying the document
appointed under subsection (2) to certify translations of
documents written in such other language; and
(iii)the document is an accurate translation of the whole or part of
the document to which it purports to refer.
(2) The Chief Justice may appoint in writing any person to make
and to certify, for the purposes of this section, translations of
documents written in any language specified in the terms of the
appointment.
(3) A person appointed under subsection (2) may certify, for the
purposes of this section, a translation of a document written in a
language specified in the terms of his appointment notwithstanding
that the translation was not made by him.
(4) Where any document is produced and admitted in evidence
under subsection (1), the court may, if it thinks fit, on its own motion or
on the application of any part to the proceedings, summon the person
who certified the document and examine him as to the subject-matter
thereof.
(5) No document admitted in evidence in any criminal or civil
proceedings prior to the commencement* of the Evidence (Amendment)
Ordinance 1982 and purporting to have been so admitted under the
provisions of this section in force immediately prior to such
commencement, shall be held to have been wrongly admitted on the
ground only that the document was made by a person other than the
person who signed it if the person who signed it was a person
appointed under those provisions to carry out the translation of
documents and to sign certificates in relation thereto.
(6) A person who immediately prior to the commencement of the
Evidence (Amendment) Ordinance 1982 was a person appointed under
the provisions of this section in force prior to such commencement
shall, as respects translations of documents written in any language
specified in the terms of his appointment under those provisions, be
deemed to be appointed under subsection (2) of this section.
(7) In this section -translation- means a translation in the English
language.
(Replaced, 47 of 1982, s. 2)
28. (1) A document purporting-
(a)to be a record of the testing of the accuracy. inspection and
servicing of
(i) the speedometer of the motor vehicle specified in the
document;
(ii) a radar device o~^apparatus specified in the document
designed and used for the purpose of ascertaining the speed
of a motor vehicle; or or apparatus
(iii) a weighing device or apparatus specified in the
document designed and used for the purpose of ascertaining
the laden or unladen weight of a motor vehicle; and
(b) to be certified
(i) in the case of the speedometer, by a person author-
ized in this behalf by the Director of Electrical and
Mechanical Services.. (Amended. L.N. 76 82 and L.N.
298/82) ,, 0
(ii) in the case of a radar device or apparatus designed and
used for the purpose of ascertaining the speed of a motor
vehicle, by a person authorized in this behalf by the
Commissioner of Police; and
(iii) in the case of a weighing device or apparatus designed
and used for the purpose of ascertaining the laden or unladen
weight of a motor vehicle, by a person authorized in this
behalf by the Commissioner for Transport,
shall be admitted in any criminal or civil proceedings before any court
on its production without further proof.
(2) On the production of a document under subsection (1)-
(a)the court before which it is produced shall, until the contrary is
proved, presume
(i) that it was signed at the time and place specified therein
by a person authorized by the appropriate public officer
specified in the document;
(ii) that the facts stated in the document relating to the
testing of the accuracy, inspection and servicing of the
speedometer of the vehicle specified therein or the radar or
weighing device or apparatus specified therein are true; and
(iii) that the record of the facts stated in the document was
made and compiled at the time stated therein, and
(b)the document shall be prima facie evidence of all matters
contained therein.
(Added, 35 of 1972, s. 3)
29. (1) Where any Ordinance authorizes or requires any document
to be served or any notice to be given by post or by registered post, a
certificate purporting
(a) to certify---
(i) that a specified document or notice, addressed to a
person named in the certificate, was addressed to that person
at a specified address;
(ii) that the appropriate postage on the said document or
notice was prepaid; and
(iii) that the said document or notice was despatched by
post or by registered post at a time and place specified in the
certificate; and
(b)to be signed at the time and place specified in the certificate
by the person who
(i) ensured that the appropriate postage on the said
document or notice was prepaid; and
(ii) despatched the said document or notice by post or
by registered post at the said specified time and place,
shall be admitted in any criminal or civil proceedings before any
court on its production without further proof.
(2) On the production of a certificate under subsection (1)-
(a)the court before which it is produced shall, until- the
contrary is proved, presume-
(i) that the facts stated therein relating to the posting of
the document or notice specified therein are true;
(ii) that the certificate was signed at the time and place
specified therein by the person who posted the specified
document or notice; and
(b)the certificate shall be prima facie evidence of all of the
matters contained therein.
(Added, 35 of 1972, s. 3)
29A. (1) A document purporting-
(a)to be a transcript of the whole or any part of a record in a
language other than the English language which has been
admitted in evidence in any criminal or civil proceedings;
and
(b)to be certified, by a person appointed under subsection (2)
to certify transcripts of records in such other language, as
an accurate transcript,
shall be admitted in evidence in those proceedings on its production
without further proof and, until the contrary is proved, the court
before which such document is produced shall presume that-
(i)the signature on the document of the person certifying it is
genuine;
(ii)such person was at the time of certifying the document
appointed under subsection (2) to certify transcripts of
records in such other language; and
(iii) the document is an accurate transcript of the whole or part
of the record to which it purports to refer.
(2) The Chief Justice may appoint in writing any person to
make and to certify, for the purposes of this section, transcripts of
records in any language specified in the terms of the appointment.
(3) A person appointed under subsection (2) may certify, for
the purposes of this section, a transcript of a record in a language
specified in the terms of his appointment notwithstanding that the
transcript was not made by him.
(4) Where any document is produced and admitted in evidence
under subsection (1), the court may, if it thinks fit, on its own motion
or on the application of any party to the proceedings, summon the
person who certified the document and examine him as to the subject-
matter thereof.
(5) No document admitted in evidence in any criminal or civil
proceedings prior to the commencement* of the Evidence (Amendment)
Ordinance 1982 and purporting to have been so admitted under the
provisions of this section in force immediately prior to such
commencement, shall be held to have been wrongly admitted on the
ground only that the document was made by a person other than the
person who signed it if the person who signed it was a person
appointed under those provisions to carry out the transcription of
records and to sign certificates in relation thereto.
(6) A person who immediately prior to the commencement of the
Evidence (Amendment) Ordinance 1982 was a person appointed under
the provisions of this section in force prior to such commencement
shall, as respects transcripts of records in any language specified in his
appointment under those provisions, be deemed to be appointed under
subsection (2) of this section.
(7) In this section 'record' means any disc, tape, sound track or
other device in which sounds or other data (not being visual images) are
embodied so as to be capable (with or without the aid of some other
equipment) of being reproduced therefrom.
(Replaced, 47 of 1982, s. 3)
30. General holidays, within the meaning of the Holidays
Ordinance, shall be excluded from the computation of time under
sections 20 and 21.
(Amended, 43 of 1912, Schedule)
31. All proclamations, treaties, and other acts of state of any foreign
state or of any Commonwealth Country, and all judgments, decrees,
orders, and other judicial proceedings of any court of justice or any
consulate in any foreign state or in any Commonwealth Country, and all
affidavits, pleadings, and other legal documents filed or deposited in any
such court or consulate may be proved in the courts of Hong Kong
either by examined copies or by copies authenticated as hereinafter
mentioned: that is to say, if the document sought to be proved is a
proclamation, treaty or other act of state, the authenticated copy to be
admissible in evidence must purport to be sealed with the seal of the
foreign state or Commonwealth Country to which the original document
belongs, and if the document sought to be proved is a judgment, decree,
order, or other judicial proceeding of any court of justice or any
consulate in any foreign state or in any Commonwealth Country, or an
affidavit, pleading, or other legal document filed or deposited in any
such court or consulate, the authenticated copy to be admissible in
evidence must purport either to be sealed with the seal of such court or
consulate, or, in the event of such court having no seal, to be signed by
the judge or, if there are more judges than one, by any one of the judges
of such court, and such judge shall attach to his
signature a statement in writing on the said copy that the court of justice
whereof he is a judge has no seal; but if any of the aforesaid
authenticated copies purport to be sealed or signed as hereinbefore
respectively directed, the same shall respectively be admitted in
evidence in every case in which the original document could have been
received in evidence, without any proof of the seal, where a seal is
necessary, or of the signature, or of the truth of the statement attached
thereto, where such signature and statement are necessary, or of the
judicial character of the person appearing to have made such signature
and statement.
(Amended, 51 of 1911; 63 of 1911, Schedule; 8 of 1912, s. 34;
5 of 1924, Schedule; 69 of 19 70, s. 2 and 3 7 of 1984, s. 11)
32. (1) Copies of Acts, Ordinances and statutes passed by the
legislature of any Commonwealth Country, and of orders, regulations,
and other instruments issued or made under the authority of any such
Act, Ordinance, or statute, if purporting to be printed by the
Government printer, shall be admitted in evidence in any criminal or civil
proceedings on their production without any proof being given that the
copies were so printed. (Amended, 50 of 1911; 62 of 1911, Schedule; 8
of 1912, s. 34 and 69 of 1970, s. 3)
(2) A certificate purporting to be signed by the Chief Secretary and
stating that the provisions of any such Act, Ordinance or statute, or of
an order, regulation or other instrument issued or made under the
authority of any such Act, Ordinance or statute set out therein were in
force at the date specified in the certificate shall be admitted in evidence
in any criminal or civil proceedings on its production without further
proof, and
(a)until the contrary is proved, the court in which such certificate
is produced shall presume that it is so signed; and
(b)such certificate shall be prima facie evidence of all matters
contained therein.
(Added, 69 of 1970, s. 3)
(3) Any person who prints any copy or pretended copy of any
such Act, Ordinance, statute, order, regulation, or instrument which
falsely purports to have been printed by the Government printer, or
tenders in evidence any such copy or pretended copy which falsely
purports to have been so printed knowing that it was not so printed,
shall be liable to imprisonment for 12 months. (Amended, 30 of 1911, s.
4; 51 of 1911; 63 of 1911, Schedule and 5 of 1924, Schedule)
(4) In this section, 'Government printer- means. as respects any
Commonwealth Country, the printer purporting to be the printer
authorized to print the Acts, Ordinances. or statutes of the legislature
thereof, or otherwise to be the Government printer of that country.
(Amended, 50 qf 1911; 62 of 1911, Schedule and 8 of 1912, s. 34 and
69 qf 1970, s. 3)
(2 of 1908. ss. 2, 3 and 4 incorporated)
33. (1) All answers to interrogatories, disclaimers. examinations,
affidavits, and attestations of honour. and all other documents required
to be sworn in causes or matters depending in the High Court, and also
acknowledgements required for the purpose of enrolling any deed in the
said court, shall and may be sworn and taken in England, Scotland, or
Northern Ireland, or the Channel Islands, or in any other colony or place
under the dominion of Her Majesty before any court, judge, notary
public or person lawfully authorized to administer oaths in such country,
colony, or place respectively, or before any of Her Majesty's consular
officers in any place out of Her Majesty's dominions. (Amended,50 of
1911;sllol) 1911; 62 of 1911, Schedule and 63 of 1911, Schedule)
(2) The judges and officers of the High Court shall take judicial
notice of the seal or signature, as the case may be. of any such court,
judge, notary public. person, or consular officer attached, appended, or
subscribed to any such document as aforesaid. (Amended, 50 of 1911;
51 of 1911; 62 of 1911, Schedule and 63 of 1911, Schedule)
34. (1) Any document purporting to have affixed, impressed, or
subscribed thereon or thereto the seal and signature of any British
ambassador, envoy, minister, change d'affaires, secretary of embassy or
of legation, or consular officer in testimony of any such oath, affidavit,
or act having been administered, sworn, had, or done by or before him
under section 6 of the Commissioners for Oaths Acts 1889 and 1891
shall be admitted in evidence without proof of any such seal and
signature or of the official character of such person. (Amended, 9 of
1908, s. 2; 50 of 1911: 51 of 1911; 62 of 1911, Schedule and 63 of 1911,
Schedule)
(2) In this section, 'consular officer' includes every consulgeneral,
consul, vice-consul, pro-consul, consular agent, acting consul-general,
acting consul, acting vice-consul, and acting consular agent. (Added,
23 of 1915, s. 3)
35. In civil proceedings-
(a)the Gazette and any Government Gazette of any
Commonwealth Country may be proved by the production
thereof, (Amended, 50 of 1911; 62 of 1911, Schedule and 8 of
1912, s. 34 and 69 of 1970, s. 4)
(b)all proclamations, acts of state, whether legislative or
executive, nominations, appointments, and other official
communications of the Government appearing in any such
Gazette may be proved by its production; (Amended, 50 of
1911; 51 of 1911; 62 of 1911, Schedule and 63 of 1911.
Schedule)
(c)the court may, on matters of public history, literature, science,
or art, refer, for the purposes of evidence, to such published
books, maps, or charts as the court may consider to be of
authority on the subject to which they relate;
(d) (i) books printed or published under the authority of the
Government of a foreign country, and purporting to contain
the statutes, code, or other written law of such country, and
also printed and published books of reports of decisions of
the courts of such country, and books proved to be commonly
admitted in such courts as evidence of the law of such
country, shall be admissible as evidence of the law of such
foreign country; and
(ii) maps made under the authority of any Government or of
any public municipal body, and not made for the purpose of
any litigated question,
shall prima facie be deemed to be correct, and shall be admitted in
evidence without further proof. (Amended, 51 of 1911 and 63 of 1911,
Schedule)
36. Where any notice, order or other document is required by any
enactment to be published in the Gazette, or where any document
referred to in section 35(b) appears in the Gazette, a copy of the Gazette
in which it is so published or appears shall be prima facie evidence of
the facts stated in such notice, order or document. (31 of] 1911,s.37,
incorporated. Amended, 8 of 1912, s. 82;5 of 1924, Schedule and 1 of
1927, s. 3)
37. All documents whatsoever legally and properly filed or
recorded in any foreign court of justice or consulate according to the
law and practice of such court or consulate, and all copies of such
documents, shall be admissible in evidence in the courts of Hong Kong
on being proved in like manner as any documents filed or recorded in
any foreign court are provable under this or any other Ordinance; and
all documents whatsoever so filed or recorded in any foreign court or
consulate, and all copies of such documents, shall, when so proved and
admitted, be held authentic and effectual for all purposes of evidence as
the same would be held in such foreign court or consulate.
(Amended, 51 of 1911; 63 of 1911, Schedule and 37 of 1984, s. 11)
38. All courts, judges, magistrates, justices of the peace, officers of
the courts, commissioners acting judicially, and other judicial officers
shall take judicial notice of the signature of the judges, provided such
signature is attached or appended to any judgment, decree, order,
certificate, or other judicial or official document.
(Amended, 50 of 1911 and 62 of 1911, Schedule)
39. (1) A print, whether enlarged or not, purporting to be made from
a film of a public document and purporting to be certified to be a print
made from a film of a public document by the public officer or person
who has custody of the film shall be admitted in evidence in any
criminal or civil proceedings before any court on its production without
further proof.
(2) On the production of a print under subsection (1) the court
before which it is produced shall, until the contrary is proved,
presume-
(a)that a certificate purporting to be signed by the public
officer or person having custody of the film has been signed
by him; and
(b)that the print to which the certificate refers has been made
from a film of the public document.
(Added, 6 of 1973, s. 2)
40. (1) A print, whether enlarged or not, purporting to be
made from a film of a document in the possession of the Govern-
ment or an authorized person shall be admitted in evidence in any
civil proceedings before any court on its production, upon proof
that- (Amended, 37 of 1984, s. 8)
(a)while the document was in the custody or control of the
Government or authorized person the film was taken in
order to keep a permanent record thereof, and
(b) the document photographed-
(i) was subsequently destroyed, whether deliberately or
otherwise;
(ii) was so damaged as to be wholly or partly in-
decipherable;
(iii) was lost; or
(iv) had passed out of the custody or control of the
Government or authorized person.
(2) Proof---
(a)that a print is made from a film of a document in the
possession of the Government or an authorized person;
and
(b) of compliance with the conditions in subsection (1),
may be given in respect of any document or groups of documents by
a public officer, by an employee of an authorized person or by an
authorized person, orally or by a certificate purporting to be signed
by such public officer, employee or person.
(3) A certificate under subsection (2) shall be admitted in
evidence in any civil proceedings before any court on its production
without further proof. (Amended, 37 of 1984, s. 8)
(4) On the production of a certificate under subsection (3) the
court before which it is produced shall, until the contrary is proved,
presume-
(a)that the facts stated in the certificate relating to the print'
and the compliance with the conditions in subsection (1)
are true; and
(b)that the certificate purporting to be signed by a public officer,
an employee of an authorized person or an authorized person
has been signed by him.
(5) The Chief Secretary may, by order published in the Gazette,
declare any person or class of persons to be authorized persons for the
purposes of this section. (Amended, 15 of 1975, s. 4)
(Added, 6 of 1973, s. 2)
41. In sections 39 and 40, unless the context otherwise requires
,,authorized person' means
(a) a bank;
(b)a company authorized by any Ordinance to administer the
estates of deceased persons or trust estates, and
(e)any person declared by the Chief Secretary to be an
authorized person under section 40(5); (Amended, 15 of
1975,s.5)
'film' includes a photographic plate, microfilm and machine-copy;
'machine-copy' means a copy made of a document by any machine
whereby an image of the contents of the document is reproduced
from surface contact with the document or by the use of photo-
sensitive material other than transparent photographic film;
'photograph' and 'photographic copy' include a machine-copy;
'public document' means any document to which the public have a
right of access.
(Added. 6 of 1973, s. 2)
42. Subject as hereinafter in this Part provided. in any proceedings.
whether civil or criminal. an instrument to the validity of which
attestation is requisite may, instead of being proved by an attesting
witness, be proved in the manner in which it might be proved if no
attesting witness were alive:
Provided that nothing in this section shall apply to the proof of
wills or other testamentary documents.
(Added. 6 of 1939 s. 2)
43. In any proceedings, whether civil or criminal, there shall. in the
case of a document proved. or purporting. to be not less than 20 years
old. be made any presumption which immediately before 24 March 1939.
would have been made in the case of a document of like character
proved. or purporting, to be not less than 30 years old.
A Added, 6 of 1939, s. 2
)
44. The court may at any stage of any proceedings by order direct
that specified facts may be proved at the trial by affidavit with or
without the attendance of the deponent for cross-examination,
notwithstanding that a party desires his attendance for
crossexamination and that he can be produced for that purpose.
(Added, 6 of 1939. s. 2)
45. (1) In sections 42 to 44, unless the context otherwise requires,
'proceedings' includes arbitrations and references.
(2) Nothing in sections 42 to 44 shall prejudice the admissibility of
any evidence which would apart from the provisions of those sections
be admissible.
(Replaced, 25 of 1969, s. 5)
PART IV
HEARSAY EVIDENCE IN CIVIL PROCEEDINGS
46. In any civil proceedings a statement other than one made by a
person while giving oral evidence in those proceedings shall be
admissible as evidence of any fact stated therein to the extent that it is
so admissible by virtue of any provision of this or any other Ordinance
or by agreement of the parties, but not otherwise.
(Added, 25 of 1969, s. 6)
47. (1) In any civil proceedings a statement made, whether orally or
in a document or otherwise. by any person, whether called as a witness
in those proceedings or not, shall, subject to this section and to rules,
be admissible as evidence of any fact stated therein of which direct oral
evidence by him would be admissible.
(2) Where in any civil proceedings a party desiring to give a
statement in evidence by virtue of this section has called or intends to
call as a witness in the proceedings the person by whom the statement
was made, the statement
(a)shall not be given in evidence by virtue of this section on
behalf of that party without the leave of the court; and
the purposes of the following civil proceedings
(a)proceedings (other than proceedings in bankruptcy) in the High
Court and the District Court;
(b)proceedings before any tribunal, other than a court, to which the
strict rules of evidence apply;
(c)arbitrations and references to which the strict rules of evidence
apply;
(d)applications and appeals arising out of the proceedings mentioned
in paragraphs (a) to (c).
(b)without prejudice to paragraph (a), shall not be given in
evidence by virtue of this section on behalf of that party
before the conclusion of the examination-in-chief of the person
by whom it was made, except
(i) where before that person is called the court allows
evidence of the making of the statement to be given on behalf
of that party by some other person; or
(ii) in so far as the court allows the person by whom the
statement was made to narrate it in the course of his
examination-in-chief on the ground that to prevent him from
doing so would adversely affect the intelligibility of his
evidence.
(3) Where in any civil proceedings a statement which was made
otherwise than in a document is admissible by virtue of this section, no
evidence other than direct oral evidence by the person who made the
statement or any person who heard or otherwise perceived it being made
shall be admissible for the purpose of proving it:
Provided that if the statement in question was made by a person
while giving oral evidence in some other legal proceedings (whether
civil or criminal), it may be proved in any manner authorized by the
court.
(Added, 25 of 1969, s. 6)
48. (1) Where in any civil proceedings-
(a)a previous inconsistent or contradictory statement made by a
person called as a witness in those proceedings is proved by
virtue of section 12, 13 or 14; or
(b)a previous statement made by a person called as aforesaid is
proved for the purpose of rebutting a suggestion that his
evidence has been fabricated,
that statement shall by virtue of this subsection be admissible as
evidence of any fact stated therein of which direct oral evidence by him
would be admissible.
(2) Nothing in this Part or Part VI shall affect any of the rules of law
relating to the circumstances in which, where a person called as a
witness in any civil proceedings is cross-examined on a document used
by him to refresh his memory, that document may be made evidence in
those proceedings; and where a document or any part of a document is
received in evidence in any such proceedings by virtue of any such rule
of law, any statement made in that document or part by the person using
the document to refresh his memory shall by virtue of this subsection be
admissible as evidence of any fact stated therein of which direct oral
evidence by him would be admissible.
(Added, 25 of 1969, s. 6)
49. (1) Without prejudice to section 50, in any civil proceedings a
statement contained, in a document shall, subject to this section and to
rules, be admissible as evidence of any fact stated therein of which
direct oral evidence would be admissible, if the document is, or forms
part of, a record compiled by a person acting under a duty from
information which
(a)was supplied by a person (whether acting under a duty or not)
who had, or may reasonably be supposed to have had,
personal knowledge of the matters dealt with in that
information; and
(b)if not supplied by that person to the compiler of the record
directly, was supplied by him to the compiler of the record
indirectly through one or more intermediaries each acting under
a duty.
(2) Where in any civil proceedings a party desiring to give a
statement in evidence by virtue of this section has called or intends to
call as a witness in the proceedings the person who originally supplied
the in formation from which the record containing the statement was
compiled, the statement
(a)shall not be given in evidence by virtue of this section on
behalf of that party without the leave of the court; and
(b)without prejudice to paragraph (a), shall not without the leave
of the court be given in evidence by. virtue of this section on
behalf of that party before the conclusion of the examination-in-
chief of the person who originally supplied the said
information.
(3) Any reference in this section to a person acting under a duty
includes a reference to a person acting in the course of any trade,
business, profession or other occupation in which he is engaged or
employed or for the purposes of any paid or unpaid office held by him.
(Added, 25 of 1969, s. 6)
50. (1) In any civil proceedings a statement contained in a
document produced by a computer shall, subject to rules, be admissible
as evidence of any fact stated therein of which direct oral evidence
would be admissible, if it is shown that the conditions mentioned in
subsection (2) are satisfied in relation to the statement and computer in
question.
(2) The conditions referred to in subsection (1) are-
(a)that the document containing the statement was produced by
the computer during a period over which the computer was
used regularly to store or process information for the purposes
of any activities regularly carried on over that period, whether
for profit or not, by any person;
(b)that over that period there was regularly supplied to the
computer in the ordinary course of those activities
information of the kind contained in the statement or of the
kind from which the information so contained is derived;
(c)that throughout the material part of that period the computer
was operating properly or, if not, that any respect in which it
was not operating properly or was out of operation during
that part of that period was not such as to affect the
production of the document or the accuracy of its contents;
and
(d)that the information contained in the statement reproduces or
is derived from information supplied to the computer in the
ordinary course of those activities.
(3) Where over a period the function of storing or processing
information for the purposes of any activities regularly carried on over
that period as mentioned in subsection (2)(a) was regularly performed
by computers, whether
(a)by a combination of computers operating over that period; or
(b)by different computers operating in succession over that
period; or
(c)by different combinations of computers operating in
succession over that period; or
(d)in any other manner involving the successive operation over
that period in whatever order, of one or more computers and
one or more combinations of computers,
all the computers used for that purpose during that period shall be
treated for the purposes of this Part as constituting a single computer,
and references in this Part to a computer shall be construed accordingly.
(4) In any civil proceedings where it is desired to give a statement
in evidence by virtue of this section. a certificate doing any of the
following things, that is to say
(a)identifying the document containing the statement and
describing the manner in which it was produced;
(b)giving such particulars of any device involved in the
production of that document as may be appropriate for the
purpose of showing that the document was produced by a
computer;
(c)dealing with any of the matters to which the conditions
mentioned in subsection (2) relate.
and purporting to be signed by a person occupying a responsible
position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate) shall be
evidence of any matter stated in the certificate. and for the purposes of
this subsection it shall be sufficient for a matter to be stated to the best
of the knowledge and belief of the person stating it.
(5) For the purposes of this Part-
(a)information shall be taken to be supplied to a computer if it is
supplied thereto in any, appropriate form and whether it is so
supplied directly or (with or without human intervention) by
means of any appropriate equipment:
(b)where. in the course of activities carried on by any person.
information is supplied with a view to its being stored or
processed for the purposes of those activities by, a computer
operated otherwise than in the course of those activities, that
information, if duly supplied to that computer, shall be taken to
be supplied to it in the course of those activities*,
(c)a document shall be taken to have been produced by a
computer whether it was produced by it directly, or (with or
without human intervention) by means of any appropriate
equipment.
(6) Subject to subsection (3), in this Part 'computer' means any
device for storing and processing information, and any reference to
information being derived from other information is a reference to its
being derived therefrom by calculation, comparison or any other
process.
(Added, 25 of 1969, s. 6)
51. (1) Where in any civil proceedings a statement contained in a
document is proposed to be given in evidence by virtue of section 47,
49 or 50 it may, subject to any rules. be proved by the production of that
document or (whether or not that document is still in existence) by the
production of a copy of that document. or of the material part thereof.
authenticated in such manner as the court may approve.
(2) For the purpose of deciding whether or not a statement is
admissible in evidence by virtue of section 47, 49 or 50, the court may
draw any reasonable inference from the circumstances in which the
statement was made or otherwise came into being or from any other
circumstances, including, in the case of a statement contained in a
document, the form and contents of that document.
(3) In estimating the weight, if any, to be attached to a statement
admissible in evidence by virtue of section 47, 48, 49 or 50 regard shall
be had to all the circumstances from which any inference can
reasonably be drawn as to the accuracy or otherwise of the statement
and, in particular
(a)in the case of a statement falling within section 47(1) or 48 (1)
or (2), to the question whether or not the statement was made
contemporaneously with the occurrence or existence of the
facts stated, and to the question whether or not the maker of
the statement had any incentive to conceal or misrepresent
the facts;
(b)in the case of a statement failing within section 49(1), to the
question whether or not the person who originally supplied the
information from which the. record containing the statement
was compiled did so contemporaneously with the occurrence
or existence of the facts dealt with in that information, and to
the question whether or not that person, or any person
concerned with compiling or keeping the record containing the
statement, had any incentive to conceal or misrepresent the
facts; and
(e)in the case of a statement falling within section 50(1), to the
question whether or not the information which the information
contained in the statement reproduces or is derived from was
supplied to the relevant computer, or recorded for the purpose
of being supplied thereto, contemporaneously with the
occurrence or existence of the facts dealt with in that
information, and to the question whether or not any person
concerned with the supply of information to that computer, or
with the operation of that computer or any equipment by means
of which the document containing the statement was produced
by it, had any incentive to conceal or misrepresent the facts.
(4) For the purpose of any enactment or rule of law or practice
requiring evidence to be corroborated or regulating the manner in which
uncorroborated evidence is to be treated
(a)a statement which is admissible in evidence by virtue of
section 47 or 48 shall not be capable of corroborating evidence
given by the maker of the statement; and
(b)a statement which is admissible in evidence by virtue of
section 49 shall not be capable of corroborating evidence given
by the person who originally supplied the information from
which the record containing the statement was compiled.
(5) If any person in a certificate tendered in evidence in civil
proceedings by virtue of section 50(4) wilfully makes a statement
material in those proceedings which he knows to be false or does not
believe to be true, he shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 2 years.
(Added, 25 of 1969, s. 6)
52. (1) Subject to rules, where in any civil proceedings a statement
made by a person who is not called as a witness in those proceedings is
given in evidence by virtue of section 47
(a)any evidence which, if that person had been so called, would
be admissible for the purpose of destroying or supporting his
credibility as a witness shall be admissible for that purpose in
those proceedings; and
(b)evidence tending to prove that, whether before or after he
made that statement, that person made (whether orally
or in a document or otherwise) another statement inconsistent
therewith shall be admissible for the purpose of showing that
that person has contradicted himself..
Provided that nothing in this subsection shall enable evidence to
be given of any matter of which, if the person in question had been
called as a witness and had denied that matter in crossexamination,
evidence could not have been adduced by the crossexamining party.
(2) Subsection (1) shall apply in relation to a statement given in
evidence by virtue of section 49 as it applies in relation to a statement
given in evidence by virtue of section 47. except that references to the
person who made the statement and to his making the statement shall
be construed respectively as references to the person who originally
supplied the information from which the record containing the statement
was compiled and to his supplying that information.
(3) Section 48(1) shall apply to any statement proved by virtue of
subsection (1)(b) of this section as it applies to a previous inconsistent
or contradictory statement made by a person called as a witness, which
is proved as mentioned in section 48(1)(a).
(Added, 25 of 1969, s. 6)
53. [Repealed, 65 of 1980, s. 2]
54. (1) In any civil proceedings a statement which, if this Part had
not been enacted, would by virtue of any rule of law mentioned in
subsection (2) have been admissible as evidence of any fact stated
therein shall be admissible as evidence of that fact by virtue of this
subsection.
(2) The rules of law referred to in subsection (1) are the following,
that is to say any rule of law
(a)whereby in any civil proceedings an admission adverse to a
party to the proceedings, whether made by that party or by
another person, may be given in evidence against that party
for the purpose of proving any fact stated in the admission;
(b)whereby in any civil proceedings published works dealing with
matters of a public nature (for example, histories, scientific
works, dictionaries and maps) are admissible as evidence of
facts of a public nature stated therein;
(c)whereby in any civil proceedings public documents (for
example, public registers, and returns made under public
authority with respect to matters of public interest) are
admissible as evidence of facts stated therein; or
(d)whereby in any civil proceedings records (for example, the
records of certain courts, treaties, Crown grants, pardons and
commissions) are admissible as evidence of facts stated
therein.
In this subsection 'admission' includes any representation of facts,
whether made in words or otherwise.
(3) In any civil proceedings a statement which tends to establish
reputation or family tradition with respect to any matter and which, if
the Evidence (Amendment) Ordinance 1969 had not been enacted,
would have been admissible in evidence by virtue of any rule of law
mentioned in subsection (4)
(a)shall be admissible in evidence by virtue of this paragraph in
so far as it is not capable of being rendered admissible under
section 47 or 49; and
(b)if given in evidence under this Part (whether by virtue of
paragraph (a) or otherwise) shall by virtue of this paragraph be
admissible as evidence of the matter reputed or handed down;
and, without prejudice to paragraph (b), reputation shall for the
purposes of this Part be treated as a fact and not as a statement or
multiplicity of statements dealing with the matter reputed.
(4) The rules of law referred to in subsection (3) are the following,
that is to say any rule of law
(a)whereby in any civil proceedings evidence of a person's
reputation is admissible for the purpose of establishing his
good or bad character;
(b)whereby in any civil proceedings involving a question of
pedigree or in which the existence of a marriage is in issue
evidence of reputation or family tradition is admissible for the
purpose of proving or disproving pedigree or the existence of
the marriage, as the case may be; or
(c)whereby in any civil proceedings evidence of reputation is
admissible for the purpose of proving or disproving the
existence of any public or general right or of identifying any,
person or thing.
(5) In so far as any statement is admissible in any civil proceedings
by virtue of subsection (1) or (3)(a), it may be given in evidence in those
proceedings notwithstanding anything in sections 47 to 52 or in any
rules. (Amended, 65 of 1980, s. 3)
(6) The words in which any rule of law mentioned in subsection (2)
or (4) is there described are intended only to identify the rule in
question and shall not be construed as altering that rule in any way.
(Added, 25 of 1969, s. 6)
55. (1 ) In this Part, unless the context otherwise requires-
,.computer' has the meaning assigned by section 50,
'document'^ includes, in addition to a document in writing-
(a) any map. plan. graph or drawing:
(b) any photograph:
(c)any disc. tape. sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be
capable (with or without the aid of some other equipment) of
being reproduced therefrom. and
(t~any film, tape or other device in which visual images are
embodied so as to be capable (as aforesaid) of being
reproduced therefrom,
-film- includes a microfilm.
,,rules' means the Rules of the Supreme Court made under section 54 of
the Supreme Court Ordinance; (Added, 65 of 1980, s.4)
statement includes any representation of fact, whether made in words
or otherwise.
(2) In this Part. any reference to a copy of a document includes
(a)in the case of a document falling within paragraph (c) but not
paragraph (d) of the definition of 'document' in subsection
(1), a transcript of the sounds or other data embodied therein;
(b)in the case of a document falling within paragraph (d) but not
paragraph (c) of that definition, a reproduction or still
reproduction of the image or images embodied therein. whether
enlarged or not;
(c)in the case of a document failing within both those paragraphs,
such a transcript together with such a still reproduction;
(d)in the case of a document not falling within the said paragraph
(d) of which a visual image is embodied in a document falling
within that paragraph, a reproduction of that image, whether
enlarged or not,
and any reference to a copy of the material part of a document shall be
construed accordingly.
(3) For the purposes of the application of this Part in relation to any
such civil proceedings as are mentioned in section 68(1)(a) and (b), any
rules made under section 54 of the Supreme Court Ordinance or Part VI
shall (except in so far as their operation is excluded by agreement)
apply, subject to such modifications as may be appropriate, in like
manner as they apply in relation to civil proceedings in the High Court.
(Amended, 65 of 1980, s. 4)
(4) If any question arises as to what are, for the purposes of any
such civil proceedings as are mentioned in section 68(1)(a) and (b), the
appropriate modifications of any such rule as is mentioned in
subsection (3), that question shall, in default of agreement, be
determined by the tribunal or the arbitrator or umpire, as the case may
be.
(Added, 25 of 1969, s. 6)
PART V
EVIDENCE OF OPINION AND EXPERT EVIDENCE
56. (1) Subject to the provisions of this section, Part IV, with the
exception of section 50, shall apply in relation to statements of opinion
as it applies in relation to statements of fact, subject to the necessary
modifications and in particular the modification that any reference to a
fact stated in a statement shall be construed as a reference to a matter
dealt with therein.
(2) Section 49, as applied by subsection (1) of this section, shall not
render admissible in any civil proceedings a statement of opinion
contained in a record unless that statement would be admissible in those
proceedings if made in the course of giving oral evidence by the person
who originally supplied the information from which the record was
compiled; but where a statement of opinion contained in a record deals
with a matter on which the person who originally supplied the
information from which the record was compiled is (or would if living be)
qualified to give oral expert evidence, the said section 49, as applied by
subsection (1) of this section, shall have effect in relation to that
statement as if so much of subsection (1) of that section as requires
personal knowledge on the part of that person were omitted.
(49 of 1973, s. 2
incorporated)
57. (1) If and so far as rules so provide, section 47(2) shall not
apply to statements (whether of fact or opinion) contained in expert
reports.
(2)-(6) [Deleted, 65 of 1980, s. 51
(7) References in this section to an expert report are references to a
written report by a person dealing wholly or mainly with matters on
which he is (or would if living be) qualified to give expert evidence.
(8) [Deleted, 65 of 1980, s. 5]
(49 of 1973, s. 3
incorporated)
58. (1) Subject to any rules, where a person is called as a witness in
any civil proceedings, his opinion on any relevant matter on which he is
qualified to give expert evidence shall be admissible in evidence.
(Amended, 65 of 1980, s. 6)
(2) Where a person is called as a witness in any civil proceedings a
statement of opinion by him on any relevant matter on which he is not
qualified to give expert evidence, if made as a way of conveying relevant
facts personally perceived by him, is admissible as evidence of what he
perceived.
came into operation on 1 July 1979 for the purposes of any civil
proceedings (other than proceedings in bankruptcy).
(3) In this section, 'relevant matter' includes an issue in the
proceedings in question.
(49 of 1973, s. 4 incorporated)
59. (1) A person who is suitably qualified to do so on account of
his knowledge or experience is competent to give, in civil proceedings,
expert evidence as to the law of any country or territory outside Hong
Kong, irrespective of whether he has acted or is entitled to act as a legal
practitioner there.
(2) Where any question as to the law of any country or territory
outside Hong Kong with respect to any matter has been determined
(whether before or after the commencement of this Part) in any such
proceedings as are mentioned in subsection (4), then in any civil
proceedings (not being proceedings before a court which can take
judicial notice of the law of that country or territory with respect to that
matter)
(a)any finding made or decision given on that question in the first-
mentioned proceedings shall, if reported or recorded in citable
form, be admissible in evidence for the purpose of proving the
law of that country or territory with respect to that matter; and
(b)if that finding or decision, as so reported or recorded, is
adduced for that purpose, the law of that country or territory
with respect to that matter shall be taken to be in accordance
with that finding or decision unless the contrary is proved:
Provided that paragraph (b) shall not apply in the case of a finding
or decision which conflicts with another finding or decision on the same
question adduced by virtue of this subsection in the same proceedings.
(3) Except with the leave of the court, a party to any civil
proceedings shall not be permitted to adduce any such finding or
decision as is mentioned in subsection (2) by virtue of that subsection
unless he has in accordance with rules given to every other party to the
proceedings notice that he intends to do so.
(4) The proceedings referred to in subsection (2) are the following,
whether civil or criminal, namely
(a)proceedings at first instance in the High Court or in the
Supreme Court of England as constituted by section 1 of the
Courts Act 1971;
(b)appeals arising out of proceedings as are mentioned in
paragraph (a);
(c)proceedings before the Judicial Committee of the Privy Council
on appeal (whether to Her Majesty in Council or
Note: Section 59(2) to (5) (formerly section 5(2) to (5) of the Civil Evidence
Ordinance 1973) came into operation on 1 July 1979 for the purposes
of any civil proceedings (other than proceedings in bankruptcy).
to the Judicial Committee as such) from any decision of any
court of Hong Kong or of any other country or territory.
(5) For the purposes of this section a finding or decision on any
such question as is mentioned in subsection (2) shall be taken to be
reported or recorded in citable form if, but only if, it is reported or
recorded in writing in a report, transcript or other document which, if
that question had been a question as to the law of Hong Kong, could be
cited as an authority in legal proceedings in Hong Kong.
(49 of 1973, s, 5 incorporated. Amended, 37 of 1984, s. 11)
60. (1) In this Part, unless the context otherwise requires, 'civil
proceedings' includes, in addition to civil proceedings in any court
(a)civil proceedings before any tribunal, being proceedings in
relation to which the strict rules of evidence apply; and
(b)an arbitration or reference, whether under an enactment or not,
but does not include civil proceedings in relation to which the strict
rules of evidence do not apply.
(2) In this Part, unless the context otherwise requires-
'court' does not include a court-martial, and, in relation to an
arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being a court), means
the tribunal;
'legal proceedings' includes an arbitration or reference, whether
under an enactment or not; (Amended, 65 of 1980, s. 7)
'rules' means the Rules of the Supreme Court made under section 54 of
the Supreme Court Ordinance. (Added, 65 of 1980, s. 7)
(3) For the purposes of the application of sections 57 and 59 in
relation to any such civil proceedings as are mentioned in subsection
(1)(a) or (b), any rules made under section 54 of the Supreme Court
Ordinance shall (except in so far as their operation is excluded by
agreement) apply, subject to such modifications as may be appropriate,
in like manner as they apply in relation to civil proceedings in the High
Court. (Amended, 65 of 1980. s. 7)
(4) If any question arises as to what are. for the purposes of any
such civil proceedings as are mentioned in subsection (])(a) or (b), the
appropriate modifications of any such rule as is mentioned in
subsection (3), that question shall. in default of agreement, be
determined by the tribunal or the arbitration or umpire, as the case may
be.
(5) Nothing in this Part shall prejudice-
(a)any power of a court, in any civil proceedings. to exclude
evidence (whether by preventing questions from being put or
otherwise) at its discretion.
(b)the operation of any agreement (whenever made) between the
parties to any civil proceedings as to the evidence which is to
be admissible (whether generally or for any particular
purpose) in those proceedings.
I-
(49 of 1973, s. 6
61. [Repealed, 6-5 of 1980, s. 81
PART VI
CONVICTIONS AND PRIVILEGE
Con Convictions, etc. as evidence in civil proceedings
62. (1) In any civil proceedings the fact that a person has been
convicted of an offence by or before any court in Hong Kong shall,
subject to subsection (3), be admissible in evidence for the purpose of
proving, where to do so is relevant to any issue in those proceedings,
that he committed that offence, whether he was so convicted upon a
plea of guilty or otherwise and whether or not he is a party to the civil
proceedings; but no conviction other than a subsisting one shall be
admissible in evidence by virtue of this section. (Amended, 37 of 1984, s.
11)
(2) In any civil proceedings in which by virtue of this section a
person is proved to have been convicted of an offence by or before any
court in Hong Kong- Amended 37 qf 1984. S. 11)
(a)he shall be taken to have committed that offence, unless the
contrary is proved; and
(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which the
conviction was based, the contents of any document which is
admissible as evidence of the conviction, and the contents of
the information, complaint, indictment or charge on which the
person in question was convicted, shall be admissible in
evidence for that purpose.
(3) Nothing in this section shall prejudice the operation of section
64 or any other enactment whereby a conviction or a finding of fact in
any criminal proceedings is for the purposes of any other proceedings
made conclusive evidence of any fact.
(4) Where in any civil proceedings the contents of any document
are admissible in evidence by virtue of subsection (2), a copy of that
document, or of the material part thereof, purporting to be certified or
otherwise authenticated by or on behalf of the court or authority having
custody of that document shall be admissible in evidence and shall be
taken to be a true copy of that document or part unless the contrary is
shown.
(5) Nothing in section 8 of the Probation of Offenders Ordi-
nance (under which a conviction leading to probation or discharge is
to be disregarded except as therein mentioned) shall affect the
operation of this section.
(Added, 25 of 1969, s. 7)
63. (1) In any civil proceedings the fact that a person has been
found guilty of adultery in any matrimonial proceedings shall,
subject to subsection (3), be admissible in evidence for the purpose
of proving, where to do so is relevant to any issue in those civil
proceedings, that he committed the adultery to which the finding
relates, whether or not he offered any defence to the allegation of
adultery and whether or not he is a party to the civil proceedings;
but no finding other than a subsisting one shall be admissible in
evidence by virtue of this section.
(2) In any civil proceedings in which by virtue of this section a
person is proved to have been found guilty of adultery as mentioned
in subsection (1~-
(a)he shall be taken to have committed the adultery to which
the finding relates, unless the contrary is proved; and
(b)without prejudice to the reception of any other admissible
evidence for the purpose of identifying the facts on which
the finding was based, the contents of any document which
was before the court, or which contains any pronounce-
ment of the court, in the matrimonial proceedings in
question shall be admissible in evidence for that purpose.
(3) Nothing in this section shall prejudice the operation of any
enactment whereby a finding of fact in any matrimonial proceedings
is for the purposes of any other proceedings made conclusive
evidence of any fact.
(4) Section 62(4) shall apply for the purposes of this section as
if the reference to subsection (2) were a reference to subsection (2) of
this section.
(5) In this section 'matrimonial proceedings' means any
matrimonial cause in the Supreme Court or any appeal arising out
of any such cause.
(Added, 25 of 1969, s. 7)
64. (1) In an action for libel or slander in which the question
whether a person did or did not commit a criminal offence is
relevant to an issue arising in the action, proof that, at the time
when that issue falls to be determined, that person stands convicted
of that offence shall be conclusive evidence that he committed that
offence; and his conviction thereof shall be admissible in evidence
accordingly.
(2) In any such action in which by virtue of this section a
person is proved to have been convicted of an offence, the contents
of any document which is admissible as evidence of the conviction,
and the contents of the information, complaint. indictment or charge on
which that person was convicted, shall, without prejudice to the
reception of any other admissible evidence for the purpose of
identifying the facts on which the conviction was based, be admissible
in evidence for the purpose of identifying those facts.
(3) For the purposes of this section a person shall be taken to
stand convicted of an offence If but only if there subsists against him a
conviction of that offence by or before any court in Hong Kong.
(Amended, 37 of 1984, s. 11)
(4) Section 62(4) and (5) shall apply for the purposes of this section
as they apply for the purposes of that section. but as if in the said
subsection (4) the reference to subsection (2) were a reference to
subsection (2) of this section.
(5) Subsections (1). (2), (3) and (4) shall apply for the purposes of
any action begun after the commencement* of the Evidence
(Amendment) Ordinance 1969, whenever the cause of action arose, but
shall not apply for the purposes of any action begun before the
commencement of that Ordinance or any appeal or other proceedings
arising out of any such action.
(Added, 25 of 1969, s. 7)
Privilege
65. (1) The right of a person in any legal proceedings other than
criminal proceedings to refuse to answer any question or produce any
document or thing if to do so would tend to expose that person to
proceedings for an offence or for the recovery of a penalty
(a)shall apply only as regards criminal offences under the law of
Hong Kong and penalties provided for by such law; and
(b)shall include a like right to refuse to answer any question or
produce any document or thing if to do so would tend to
expose the husband or wife of that person to proceedings for
any such criminal offence or for the recovery of any such
penalty.
(2) In so far as any existing enactment conferring (in whatever
words) powers of inspection or investigation confers on a person (in
whatever words) any right otherwise than in criminal proceedings to
refuse to answer any question or give any evidence tending to
incriminate that person, subsection (1) shall apply to that right as it
applies to the right described in that subsection; and every such
existing enactment shall be construed accordingly.
(3) In so far as any existing enactment provides (in whatever
words) that in any proceedings other than criminal proceedings a
person shall not be excused from answering any question or giving any
evidence on the ground that to do so may incriminate that person, that
enactment shall be construed as providing also that in
such proceedings a person shall not be excused from answering any
question or giving any evidence on the ground that to do so may
incriminate the husband or wife of that person.
(4) Where any existing enactment (however worded) that-
(a) confers powers of inspection or investigation; or
(b) provides as mentioned in subsection (3),
further provides (in whatever words) that any answer or evidence given
by a person shall not be admissible in evidence against that person in
any proceedings or class of proceedings (however described, and
whether criminal or not), that enactment shall be construed as providing
also that any answer or evidence given by that person shall not be
admissible in evidence against the husband or wife of that person in the
proceedings or class of proceedings in question.
(5) In this section 'existing enactment- means any enactment made
before the commencement* of the Evidence (Amendment) Ordinance
1969; and the references to giving evidence are references to giving
evidence in any manner, whether by furnishing information, making
discovery, producing documents or otherwise.
(Added, 25 of 1969, s. 7)
66. (1) The following rules of law are abrogated except in relation to
criminal proceedings., that is to say
(a)the rule whereby, in any legal proceedings, a person cannot
be compelled to answer any question or produce any
document or thing if to do so would tend to expose him to a
forfeiture; and
(b)the rule whereby, in any legal proceedings, a person other
than a party to the proceedings cannot be compelled to
produce any deed or other document relating to his title to
any land.
(2) The rule of law whereby. in any, civil proceedings, a party to
the proceedings cannot be compelled to produce any document relating
solely to his own case and in no way tending to impeach that case or
support the case of any opposing party is abrogated.
(3) A witness in any proceedings instituted in consequence of
adultery, whether a party to the proceedings or not. shall not be excused
from answering any question by reason that it tends to show that he or
she has been guilty of adultery.
(Added, 25 of 1969, s. 7)
67. (1) Any existing enactment. however framed or worded. which in
relation to any tribunal. investigation or inquiry (however described)
confers on persons required to answer questions or give evidence any
privilege described by reference to the privileges of witnesses in
proceedings before any court shall, unless the contrary intention
appears, be construed as referring to the privileges of witnesses in civil
proceedings before that court.
(2) [Deleted, -7 of 1977, s. 21
(3) Section 65(5) shall apply for the purposes of this section as it
applies for the purposes of that section.
(Added, 25 of 1969, s. 7)
General
68. (1) In Part IV and this Part, unless the context otherwise
requires, 'civil proceedings- includes, in addition to civil proceedings in
any court
(a)civil proceedings before any other tribunal, being
proceedings in relation to which the strict rules of evidence
apply; and
(b)an arbitration or reference, whether under an enactment or
not,
but does not include civil proceedings in relation to which the strict
rules of evidence do not apply.
(2) In Part IV and this Part, unless the context otherwise requires
'court' does not include a court-martial, and, in relation to an
arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being a court), means
the tribunal;
legal proceedings' includes an arbitration or reference, whether under
an enactment or not.
(3) For the avoidance of doubt it is declared that in Part IV and this
Part, and in any amendment made by the Evidence (Amendment)
Ordinance 1969 to any other enactment, references to a person's
husband or wife do not include references to a person who is no longer
married to that person.
(4) Nothing in Part IV or this Part shall prejudice the operation of
any enactment which provides (in whatever words) that any answer or
evidence given by a person in specified circumstances shall not be
admissible in evidence against him or some other person in any
proceedings or class of proceedings (however described).
In this subsection the reference to giving evidence is a reference
to giving evidence in any manner, whether by furnishing information,
making discovery, producing documents or otherwise.
(5) Nothing in Part IV or this Part shall prejudice-
(a)any power of a court, in any legal proceedings, to exclude
evidence (whether by preventing questions from being put or
otherwise) at its discretion; or
(b)the operation of any agreement (whenever made) between the
parties to any legal proceedings as to the evidence which is
to be admissible (whether generally or for any particular
purpose) in those proceedings.
(6) Where, by reason of any defect of speech or hearing from
which he is suffering, a person called as a witness in any legal
proceedings gives his evidence in writing or by signs, that evidence is
to be treated for the purposes of Part IV or this Part as being given
orally.
(Added, 25 of 1969, s. 7)
69. The Chief Justice shall or may make rules with regard to any
matter in respect of which rules shall or may be made under this Part.
(Added, 25 of 1969, s. 7. Amended, 65 of 1980, s. 9)
PART VII
DEPOSITIONS
70. Whenever it is proved by the oath of any credible witness, or in
any other manner whatsoever it appears, to the satisfaction of the High
Court, that the Attorney General, or other person conducting a
prosecution on behalf of the Crown, is unable to produce at the trial any
person as a witness, in consequence of the death of such person, or of
his absence from Hong Kong. or of the impracticability of serving
process on him, or of his being so ill as not to be able to travel, or of his
being insane, or of his being kept out of the way by means of the
procurement of the person accused, or of his being resident in a country
the laws of which prohibit his absenting himself therefrom, or which he
refuses to quit after application made to him in that behalf or because he
cannot be found at his last-known place of residence in Hong Kong;
and if it also appears from the certificate of the magistrate or other
officer hereinafter mentioned that such person was examined before a
magistrate, or other officer to whom the cognizance of the offence
appertained, and that the usual oath was administered to him prior to his
examination, and that the examination was taken in the presence of the
person accused. and that he. or his counsel or solicitor, had a full
opportunity of cross-examining such person, and that the evidence so
taken was reduced into writing and read over to and signed by him and
also by the magistrate or other officer as aforesaid, so much of the
evidence as would have been admissible, if the said person had been
produced and examined before the said court in the ordinary manner,
shall be read and received in evidence.
(Amended, 50 of 1911;51 of 1911: 62 of 1911, Schedule; 63 qf
1911, Schedule; 20 of 1922, s. 2 and 3 7 of 1984, s. 11 )
71. The production from the custody of the proper officer of the
certificate referred to in section 70 shall be sufficient proof of the
signature of such magistrate or other officer aforesaid. unless It is
proved that such examination was not taken in manner aforesaid or was
not in fact signed by the person examined or by the magistrate or officer
aforesaid purporting to sign the same.
(Amended, 51 of 1911 and 63 of 191 1. Schedule
72. No objection to the reception in evidence of the examination of
any person shall be permitted to prevail on the ground that the
particular examination of such person was not signed by the magistrate
or other officer as aforesaid, if it appears, in manner aforesaid, that the
depositions wherein such examination was included were so signed.
(A mended, 50 of 1911 97 1 and 62 1, Schedule)
73. (1) Whereas it may happen that a person, who is dangerously
ill, and unable to travel. may be able to give material and important
information relating to an indictable offence or to a person accused
thereof, and it is desirable, in the interest of truth and justice, that means
should be provided for perpetuating such testimony and for rendering
the same available in cases of necessity- (Amended, 8 of 1912, s. 34 and
5 of 1924, Schedule,)
Whenever it is made to appear, to the satisfaction of any magistrate
or justice of the peace, that any person who is dangerously ill and
unable to travel, is able and willing to give material information relating
to an indictable offence or to a person accused thereof, it shall be lawful
for the said magistrate or any justice of the peace to take in writing his
statement upon oath, and such magistrate or justice shall thereupon
subscribe the same, and shall add thereto by way of caption a statement
of his reason for taking the same, and of the day and place when and
where the same was taken, and of the names of the persons, if any,
assisting at the taking thereof, and, if the same relates to any offence for
which any accused person is already committed or bailed to appear for
trial, shall transmit the same with the said addition to the Registrar of the
Supreme Court, and in all other cases to the magistrates' clerk, who are
respectively required to preserve the same and file it for record; and if
afterwards, on the trial of any offender or offence to which the same may
relate, the person who made the said statement is proved to be dead, or if
it proved that there is no reasonable probability that such person will be
able to attend and give evidence at the trial, it shall be lawful to read
such statement in evidence, either for or against the person accused,
without further proof thereof, if the same purports to be signed by the
magistrate or justice by or before whom it purports to be taken, and
provided it is proved, to the satisfaction of the court, that reasonable
notice of the intention to take such statement has been given to the
person (whether prosecutor, or person accused) against whom it is
proposed to be read in evidence, and that such person, or his counsel or
solicitor. had or might have had, if he had chosen to be present, full
opportunity of cross-examining the person who made the same.
(Amended, 51 of 1911; 63 of 1911, Schedule; 8 of 1912, s. 34; 23 of
1915, s. 4; 20 of 1922, s. 3 and 27 of 193 7, Schedule)
(2) No such statement shall be rejected on the ground of any
failure to comply with any of the provisions of subsection (1) with
regard to the notice or the caption unless the court is of opinion that
the person accused was substantially prejudiced by such failure.
(Added, 20 of 1922, s. 3)
PART VIII
EVIDENCE FOR PROCEEDINGS IN OTHER JURISDICTIONS
74. In this Part, unless the context otherwise requires-
,,civil proceedings', in relation to the requesting court, means
proceedings in any civil or commercial matter;
'requesting court' has the meaning given in section 75;
'request' includes any commission, order or other process issued by or
on behalf of the requesting court.
Evidence for civil proceedings
75. Where an application is made to the High Court for an order for
evidence to be obtained in Hong Kong and the court is satisfied
(a)that the application is made in pursuance of a request issued
by or on behalf of a court or tribunal ('the requesting court')
exercising jurisdiction in a country or territory outside Hong
Kong; and
(b)that the evidence to which the application relates is to be
obtained for the purposes of civil proceedings which either
have been instituted before the requesting court or whose
institution before that court is contemplated,
the High Court shall have the powers conferred on it by this Part.
76. (1) Subject to this section, the High Court shall have power, on
any such application as is mentioned in section 75, by order to make
such provision for obtaining evidence in Hong Kong as may appear to
the court to be appropriate for the purpose of giving effect to the
request in pursuance of which the application is made; and any such
order may require a person specified therein to take such steps as the
court considers appropriate for that purpose.
(2) Without prejudice to the generality of subsection (1) but
subject to this section, an order under this section may, in particular,
make provision
(a) for the examination of witnesses, either orally or in writing.,
(b) for the production of documents;
(c)for the inspection, photographing, preservation, custody or
detention of any property;
(d)for the taking of samples of any property and the carrying out
of any experiments on or with any property;
(e) for the medical examination of any person.
(3) An order under this section shall not require any particular
steps to be taken unless they are steps which can be required to be
taken by way of obtaining evidence for the purposes of civil
proceedings in the court making the order (whether or not proceedings
of the same description as those to which the application for the order
relates): but this subsection shall not preclude the making of an order
requiring a person to give testimony (either orally or in writing)
otherwise than on oath where this is asked for by the requesting court.
(4) An order under this section shall not require a person-
(a)to state what documents relevant to the proceedings to which
the application for the order relates are or have been in his
possession, custody or power.. or
(b)to produce any documents other than particular documents
specified in the order as being documents appearing to the
court making the order to be. or to be likely to be, in his
possession, custody or power.
(5) A person who, by virtue of an order under this section. is
required to attend at any place shall be entitled to the like conduct
money and payment for expenses and loss of time as on attendance as a
witness in civil proceedings before the High Court.
77. (1) A person shall not be compelled by virtue of an order under
section 76 to give any evidence which he could riot be compelled to
give
(a) in civil proceedings in Hong Kong; or
(b)subject to subsection (2), in civil proceedings in the country
or territory in which the requesting court exercises jurisdiction.
(2) Subsection (1)(b) shall not apply unless the claim of the person
in question to be exempt from giving the evidence is either
(a)supported by a statement contained in the request (whether it
is so supported unconditionally or subject to conditions that
are fulfilled); or
(b) conceded by the applicant for the order;
and where such a claim made by any person is not supported or
conceded as aforesaid he may (subject to the other provisions of this
section) be required to give the evidence to which the claim relates but
that evidence shall not be transmitted to the requesting court if that
court, on the matter being referred to it, upholds the claim.
(3) Without prejudice to subsection (1), a person shall not be
compelled by virtue of an order under section 76 to give any evidence if
his doing so would be prejudicial to the security of the United
Kingdom, Hong Kong, or any other territory for which the United
Kingdom is responsible under international law; and a
certificate signed by or on behalf of the Chief Secretary to the effect that
it would be so prejudicial for that person to do so shall be conclusive
evidence of that fact. (Amended, 30 of 1978, s. 2)
(4) In this section references to giving evidence include references
to answering any question and to producing any document and the
reference in subsection (2) to the transmission of evidence given by a
person shall be construed accordingly.
77A. For the purposes of this Part, a reference in a subpoena to
attendance at a trial shall be construed as if it included a reference to
attendance before an examiner or commissioner appointed by the court
or ajudge thereof in any cause or matter in that court.
Evidence for criminal proceedings
77B. (1) The provisions of sections 75, 76 and 77 shall have effect
in relation to the obtaining of evidence for the purposes of criminal
proceedings as they have effect in relation to the obtaining of evidence
for the purposes of civil proceedings except that
(a)section 75(b) shall apply only to proceedings which have
been instituted or whose institution is likely if the evidence is
obtained; and (Amended, 37 of 1984, s. 9)
(b)no order under section 76 shall make provision otherwise
than for the examination of witnesses, either orally or in
writing, or for the production of documents.
(2) In its application by virtue of subsection (1), section 77(1)(a)
and (b) shall have effect as if for the words 'civil proceedings' there
were substituted the words 'criminal proceedings'.
(3) Nothing in this section applies in the case of criminal
proceedings of a political character.
Supplementary
77C. The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court
(a)as to the manner in which any such application as is
mentioned in section 75 is to be made..
(b)subject to this Part, as to the circumstances in which an order
can be made under section 76, and
(e)as to the manner in which any such reference as is mentioned
in section 77(2) is to be made,
and any such rules may include such incidental. supplementary and
consequential provision as the authority making the rules may consider
necessary, or expedient.
77D. Nothing in this Part shall be construed as enabling any court
to make an order that is binding on the Crown or on any person in his
capacity as an officer or servant of the Crown.
(Part VIII replaced, 2 of 19 77, s. 3 )
PART VIII A
OBTAINING OF EVIDENCE IN OTHER
JURISDICTIONS
FOR USE IN CRIMINAL PROCEEDINGS IN HONG
KONG
77E. (1) Where it appears to the High Court that any criminal
proceedings
(a) have been instituted in Hong Kong. or
(b)are likely to be instituted in Hong Kong if evidence is
obtained for the purposes of those criminal proceedings by
virtue of an order made under this section,
the High Court may order that a letter of request shall be issued and
transmitted in such manner as the High Court may direct to a court or
tribunal specified in the order and exercising jurisdiction in a place
outside Hong Kong, requesting such court or tribunal to assist in
obtaining evidence for the purposes of those criminal proceedings.
(2) An order under this section shall specify the evidence to be
obtained and, in the case of evidence to be obtained
(a)by the examination of any person as a witness, the name and
particulars of such person or such other particulars by
reference to his office or employment as may be sufficient to
ascertain his identity; or
(b)by the production of any document or thing, the nature of
such document or thing or a description thereof.
(3) An application to the High Court for an order under this section
may be made ex parte supported by affidavit
(a)in respect of criminal proceedings referred to in subsection
(1)(a), by the Attorney General or any person charged with an
offence to which such criminal proceedings relate; or
(b)in respect of criminal proceedings referred to in subsection
(1)(b), by the Attorney General.
(4) A letter of request ordered to be issued by the High Court under
this section shall be issued by the Registrar of the Supreme Court (in
this Part referred to as 'the Registrar') under the seal of the Supreme
Court in such form as may be prescribed by rules of court, or if no such
form is prescribed in such form as the High Court may direct.
(5) The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court
with respect to this section (including the procedure to be followed) and
for supplementing its provisions.
77F. (1) Subject to this section and section 77G, any deposition,
together with any document or thing exhibited or annexed thereto,
which is received by the Registrar pursuant to a letter of request issued
by him under section 77E in respect of any criminal proceedings, shall
on its production without further proof be admitted in those criminal
proceedings as prima facie evidence of any fact stated in the deposition
and in the document (if any) exhibited or annexed thereto if
(a)it is agreed by or on behalf of the prosecution and every
person charged with an offence to which that fact relates that
such deposition together with any such document or thing
exhibited or annexed thereto may be tendered in evidence; or
(b)in the case of a deposition having exhibited or annexed
thereto any document of a kind referred to in subsection (2)
but no other document, the conditions mentioned in that
subsection in relation to a document of that kind are satisfied;
or
(c)in the case of a deposition having exhibited or annexed
thereto any combination of documents consisting of any
document of a kind referred to in subsection (2) and any other
document
(i) in respect of such first-mentioned document, the
conditions mentioned in that subsection in relation to a
document of that kind are satisfied; and
(ii) in respect of such other document, the court is satisfied
that that document is the original thereof and that, having
regard to the matters referred to in paragraph (d)(i), (ii) and (iii).
no unfairness is likely to occur in those criminal proceedings
consequent upon the deposition and that document being
admitted in evidence under this section: or
(d)in the case of any other deposition. the court is satisfied that
any document (if any) exhibited or annexed thereto is the
original thereof and that. having regard to the following matter!
(i) whether it is reasonably practicable to secure the
attendance of the deponent. taking into account for that
purpose his bodily or mental condition or the delay or
expense likely to he caused in securing his attendance;
(11) whether the deponent was cross-examined before such
court or tribunal and
(iii) any other matter which, in the circumstances. appears
to the court to he relevant.
no unfairness is likely to occur in those criminal proceedings
consequent upon the deposition and any document (if any)
exhibited or annexed thereto being admitted in evidence under
this section.
(2) The conditions referred to in subsection (1)(b) and (e)(i)
are
(a)in relation to a document ('the foreign document') which falls
within subsection (2)(a) of section 19A, that the deposition
having the foreign document exhibited or annexed thereto
(i) shall have been made by a person having custody or
control of any record, book or document from which the
foreign document is derived;
(ii) shall contain an explanation of the nature and contents
of the foreign document; and
(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact
relating to the foreign document as are sufficient to show
whether it falls within subsection (2)(a)(i) or (ii) of that
section;
(b)in relation to a document which is a record, or a copy of any
entry or matter recorded in a record, used in the ordinary
business of a body formed or established outside Hong Kong
and carrying on the business of banking outside Hong Kong,
that the deposition having that document exhibited or
annexed thereto
(i) shall have been made by an officer of such body
(ii) shall contain an explanation of the
nature and
contents of that document; and
(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact
relating to that document as would, if the document were a
copy of an entry or matter recorded in a banker's record and
tendered in evidence under section 20, be sufficient to prove
in respect thereof the matters required to be proved under that
section in respect of a copy of any such entry or matter;
(c)in relation to a document which is or forms part of a record
falling within subsection (1)(b) of section 22 or is a copy of
such a document, that
(i) the deposition having that document exhibited or
annexed thereto
(A)shall have been made by a person having custody
or control of such record; and
(B)shall contain an explanation of the nature and
contents of that document; and
(C)without prejudice to any other matter contained or
referred to therein, shall contain or be supported by
such evidence, whether by averments of fact
contained therein or otherwise, relating to that
document as would, if the document were a
statement tendered in evidence under that
section, be sufficient to prove that nothing in
subsection (2) or (3) of that section prevented its
being admitted in evidence thereunder; and
(ii) it is shown (whether by averments of fact contained in
the deposition or otherwise) that any of the circumstances
referred to in subsection (1)(c) of that section, except in sub-
paragraph (ii) thereof, affect the person who supplied the
information from which such record was compiled;
(d)in relation to a document or a copy of a document produced
by any device which is a computer within the meaning of
section 22A, that the deposition having that document
exhibited or annexed thereto
(i) shall have been made by a person who, at any time
during the period over which the computer was used to store,
process or retrieve information for the purposes of any
activities ('the relevant activities') carried on over that period,
occupied a responsible position in relation to the operation of
the computer or the management of the relevant activities;
(ii) shall contain an explanation of the nature and contents
of that document; and
(iii) without prejudice to any other matter contained or
referred to therein, shall contain such averments of fact as
would, if that document were a statement tendered in evidence
under that section, be sufficient (in relation to the use of that
computer over that period) to satisfy the requirements of
subsection (2) of that section.
(3) A deposition, or any document or thing exhibited or annexed
thereto, shall not be admitted in criminal proceedings by virtue of this
section as evidence of any fact unless direct oral evidence of that fact
would be admissible in those proceedings.
(4) Where a deposition having exhibited or annexed thereto any
document of a kind referred to in subsection (2) contains matter other
than averments made in respect of such document pursuant to
subsection (1)(b) or (e)(i) or for the purposes of section 77G(4), such
matter shall not be admitted in evidence in criminal proceedings by
virtue of this section unless the court is satisfied that, having regard to
the matters referred to in subsection (1)(d)(i), (ii) and (iii), no unfairness
is likely to occur in those criminal proceedings consequent upon its
being so admitted.
(5) A certificate purporting to be signed by the Registrar and
certifying that any deposition to which such certificate is attached.
together with any document or thing exhibited or annexed thereto (if
any), has been received by him pursuant to a letter of request issued by
him under section 77E in respect of any criminal proceedings referred to
in the certificate, shall on its production without further proof be
admitted in those criminal proceedings as conclusive evidence of the
facts contained therein.
(6) References in this section to a letter of request issued by the
Registrar under section 77E in respect of any criminal proceedings
include references to a letter of request issued by him in respect of any
criminal proceedings (whether instituted or not) at any time after 1
January 1984 and before the commencement of the Evidence
(Amendment) Ordinance 1984 to a court or tribunal exercising
jurisdiction outside Hong Kong requesting such court or tribunal to
assist in obtaining evidence for the purposes of those criminal
proceedings.
77G. (1) Where under this Part it is relevant for the purposes of any
criminal proceedings to prove any particular or matter in respect of a
deponent or a deposition, or any document or thing exhibited or
annexed to a deposition, such matter or particular may be proved by an
averment contained in the deposition stating that particular or matter.
(2) Where any deposition having exhibited or annexed thereto a
document of a kind referred to in section 77F(2)(c) is admitted in
evidence by virtue of section 77F, section 22(3) and (4) shall apply in
relation to any statement contained in that document as they apply in
relation to a statement given in evidence by virtue of section 22.
(3) Section 22A(4) and (9) shall apply for the purposes of section
77F(2)(d) as they apply for the purposes of section 22A.
(4) Section 22B(2) and (3) shall apply in relation to a statement
contained in any document exhibited or annexed to any deposition
admitted in evidence under this Part as they apply in relation to a
statement admitted in evidence by virtue of section 22 or 22A.
(5) References in this Part to a document or thing exhibited or
annexed to a deposition include references to a document or thing
referred to in the deposition as a document or thing exhibited or
annexed thereto.
(6) In this Part 'document', 'copy' and 'statement' have the same
meaning as in Part IV.
(Part VIIIA added. 37 of 1984, s. 10)
PART IX
MISCELLANEOUS
(Amended, 5 of 1924, s. 21)
78. Whenever any forged document has been admitted in evidence
by virtue of this Ordinance, the court or the person who has admitted
the same, may, at the request of any party against whom the same is so
admitted in evidence, direct that the same shall be impounded and be
kept in the custody of such officer of the court or other proper person,
for such period, and subject to such conditions as to the court or
person may seem meet.
(Amended, 11 of 1922, s. 19 and 5 of 1924, s.
21)
79. In any prosecution for murder or manslaughter any medical
notes or report by any Government medical officer which purport to
relate to the deceased shall be admissible in evidence upon proof of the
handwriting of such Government medical officer, and upon proof of his
death or absence from Hong Kong.
(20 of 1922, s. 9, incorporated by 5 of 1924, s. 21. Amended,
3 7 of 1984, s. 11)
80. On the hearing of any indictable offence it shall be the duty of
the magistrate to take down in the minute of proceedings any material
statement or observation made, and any evidence given, by the accused
in the course of the proceedings, and, without prejudice to any other
method of proof, any such statement or observation or evidence so
taken down shall be admissible in evidence against the accused on his
trial upon production of the minute of proceedings.
(20 of 1922, s. 10, incorporated by 5 of 1924, s. 21)
81. (1) Any judge of the High Court may, on application or on his
own motion, issue a warrant or order for bringing up any person in
lawful custody before any court to enable such person to prosecute,
pursue, defend or be examined as a witness in, any proceedings, either
criminal or civil, before such court. (Replaced, 46 of 1967, s. 3)
(2) Any District Judge, magistrate, coroner appointed under the
Coroners Ordinance, adjudicator appointed under the Small Claims
Tribunal Ordinance or presiding officer appointed under the Labour
Tribunal Ordinance may, on application or on his own motion, issue a
warrant or order for bringing up any person in lawful custody before the
District Court, magistrate, coroner, Small Claims Tribunal or Labour
Tribunal, as the case may be, to enable such person to prosecute,
pursue, defend or be examined as a witness in, any proceedings, either
criminal or civil, before such District Court, magistrate, coroner. Small
Claims Tribunal or Labour Tribunal. (Added, 21 of 1966, s. 3. Replaced,
46 of 1967, s. 3. Amended, 79 of 1981, s. 11)
(3) Such prisoner or person shall be brought under the same care
and custody. and be dealt with in like manner in all respects, as a
prisoner required by any writ of habeas corpus awarded by the High
Court to be brought before the said court to be examined as a witness in
any cause or matter depending before the said court is by law required
to be dealt with. (Amended, 50 of 1911; 51 of 1911; 62 of 1911,
Schedule and 63 of 1911, Schedule)
(Amended, 5 qf 1924, s. 21)
82. Nothing in this Ordinance shall be construed to repeal any
provisions contained in the Wills Act 1837.
(Amended, 50 of 1911; 62 of 1911, Schedule and 5 of 1924,
s.21)
SCHEDULE
FORM 1 [s.25(1).]
EVIDENCE ORDINANCE
(Chapter 8)
GOVERNMENT CHEMIST'S CERTIFICATE
1, (name) ................... Government Chemist
hereby
certify that-
(a) on (date) .......a scaled packets
(or as the case may be) ............ marked
(if any special mark) .............. and containing
(description qf contents) ...................................... was
'ere
delivered to the Government Laboratory (or as the case Max, he)
................
................ by (name or description of person)
.
.
(b) the said sealed packet(s) (or as the case may ' be)
...........................................
.................................... was; were found to contain be (result of
examination and/or analysis)
........................................................................
(c) on (date) .......................after examination and or
analysis at the Government Laboratory (or as the case may be) . ................
......and/or analysis) ............---
* ..--* ....* the (item(s) submitted/or examination
an or analysis) ...................was. were
handed in a sealed packets) (or as the case may ' be)
....................................
.1 .......marked (if special mark)
.... to (name or description 0 person)
of
...
.
Date
.................................
..
.......... 1 :
Government Chemist.
(Replaced, 42 c?f 1973, s. 3)
FORM 2 [s. 26(1).]
EVIDENCE ORDINANCE
(Chapter 8)
CERTIFICATE
............................................................ of
being a public officer appointed in writing by the Commissioner of Police under
section 26 of the Evidence Ordinance hereby certify that-
(1) on (date) ......................1 received from (name or
description of person) ....- ......- . a sealed packet
(or as the case may be) ...........marked (if any
special mark) ........................containing exposed
photographic film[s] which was/were processed by me and 1 prepared therefrom
(number) .............................photographic print[s] and or
(number) .............................enlargement[s]:
(2) on (date) ............................. ---
1 handed the said (number)
................................ photographic print[s] and/or (number)
enlargements, each of which was marked ..... -
and signed
by me, to (name or description of person) ;
(3) the said (number) ................photographic print[s] and/or
(number) .............................enlargements is/are as nearly as may be [an]
exact reproduction[s] from the exposed film[s] received by me as aforesaid and have
in no way been retouched, altered or otherwise interfered with in the process of
preparation thereof.
Date -
(Signed)
.......................................................
(Schedule added, 31 of 1969, s.
6)
Originally 2 of 1889. 26 of 1886. 31 of 1911. (Cap. 8, 1950.) 49 of 1973. 2 of 1908. 9 of 1908. 3 of 1909. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 8 of 1912. 22 of 1912. 27 of 1912. 43 of 1912. 23 of 1915. 11 of 1922. 20 of 1922. 21 of 1922. 5 of 1924. 1 of 1927. 33 or 1934. 27 of 1937. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. 21 of 1966. 46 of 1967. 25 of 1969. 31 of 1969. 69 of 1970. 35 of 1971. 20 of 1972. 35 of 1972. 6 of 1973. 42 of 1973. 15 of 1975. 92 of 1975. 2 of 1977. 30 of 1978. 65 of 1980. 79 of 1981. L.N. 76/82. 47 of 1982. L.N. 298/82. 37 of 1984. Short title. Interpretation. [cf. 1851 c. 99, s. 16.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 1908 c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 1851 c. 99, s. 2; 1853 c. 83, s. 1.] Evidence of husband and wife. [cf. 1851 c. 99, s. 3; 1853 c. 83, s. 2.] Privilege of husband and wife. 1853 c. 83, s. 3. Evidence of access. 1949 c. 100. No incapacity from crime or interest. 1843 c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 1851 c. 99, s. 3.] Evidence of parties and their husbands and wives in proceedings for adultery. 1869 c. 68, s. 3. Discrediting a witness. 1854 c. 125, s. 22; 1865 c. 18, s. 3. Proof of contradictory statement of adverse witness. 1865 c. 18, s. 4. Cross-examination as to previous statement in writing. 1854 c. 125, s. 24; 1865 c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 1851 c. 99, s. 13; 1854 c. 125, s. 25; 1865 c. 18, s. 6; 1871 c. 112, s. 18. Attesting witness need not be called. 1854 c. 125, s. 26; 1865 c. 18, s. 7. Comparison of disputed with genuine writing. 1854 c. 125, s. 27. Evidence in criminal proceedings to prove unrecorded event did not happen. Copy of document of public nature. 1851 c. 99, s. 14. Official documents. 1845 c. 113, s. 1. Certificate in criminal proceedings in respect of foreign documents. Certificate in criminal proceedings of designation of foreign bank. Privilege relating to sections 19A and 19B. Copy of entry in banker's record. (Cap. 4.) (Cap. 32.) (Cap. 328.) Court or judge may direct copies of entries in banker's record to be taken. 1879 c. 11, ss. 7, 8. Evidence in criminal proceedings from documentary records. (Cap. 161.) Documentary evidence in criminal proceedings from computer records. Provisions supplementary to sections 22 and 22A. Copy of records of Royal Observatory. Certificate of accuracy of chronometer. Government Chemist's certificates. Schedule, Form 1. Certificates as to photographic process. Schedule, Form 2. Certified translations of documents. (47 of 1982.) [*16.7.82.] Certificates of accuracy of speedometers and radar and weighing devices. Certificate of posting of documents. Certified transcripts of tape recordings. (47 of 1982.) [*16.7.82.] Computation of time. 1879 c. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 1851 c. 99, s. 7. Proof of statutes of Commonwealth Country. 1907 c. 16, s. 1. Swearing of answer, etc., in High Court in England, etc. 1852 c. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 1855 c. 42, s. 3. 1889 c. 10, s. 6(1); 1891 c. 50, s. 2. Proof of various matters in civil proceedings. Effect of notices in Gazette. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 1845 c. 113, s. 2. Prints of films of public documents. Prints from films of Government documents, etc. Interpretation. Proof of instrument to validity of which attestation is necessary. 1938 c. 28, s. 3. Presumptions as to documents 20 years old. 1938 c. 28, s. 4. Power to order proof of specified facts by affidavit with or without attendance of deponent. 1938 c. 28, s. 5. Interpretation and savings. 1938 c. 28, s. 6. 1968 c. 64, s. 20(2). Hearsay evidence to be admissible only by virtue of this or any other Ordinance or by agreement. 1968 c. 64, s. 1. Admissibility of out-of-court statements as evidence of facts stated. 1968 c. 64, s. 2. L.N. 154/70. Witness's previous statement, if proved, to be evidence of facts stated. 1968 c. 64, s. 3. Admissibility of certain records as evidence of facts stated. 1968 c. 64, s. 4. Admissibility of statements produced by computers. 1968 c. 64, s. 5. Provisions supplementary to sections 47 to 50. 1968 c. 64, s. 6. Admissibility of evidence as to credibility of maker, etc. of statement admitted under section 47 or 49. 1968 c. 64, s. 7. Admissibility of certain hearsay evidence formerly admissible at common law. 1968c. 64, s. 9. (25 of 1969.) Interpretation of sections 46 to 54 and application to arbitrations, etc. 1968 c. 64, s. 10. (Cap. 4, sub. leg.) (Cap. 4.) Application of Part IV to statements of opinion. 1972 c. 30, s. 1. Rules with respect to expert reports and oral expert evidence. 1972 c. 30, s. 2. Admissibility of expert opinion and certain expressions of non-expert opinion. 1972 c. 30, s. 3. L.N. 155/79. Evidence of foreign law. 1972 c. 30, s. 4. (1971 c. 23.) L.N. 155/79. Interpretation, application to arbitrations etc, and savings. [cf. 1972 c. 30, s. 5.] (Cap. 4, sub. leg.) (Cap. 4.) Convictions as evidence in civil proceedings. [cf. 1968 c. 64, s. 11.] (Cap. 298.) Findings of adultery as evidence in civil proceedings. [cf. 1968 c. 64, s. 12.] Conclusiveness of convictions for purposes of defamation actions. [cf. 1968 c. 64, s. 13.] [*1.10.69.] (25 of 1969.) Privilege against incrimination of self or spouse. 1968 c. 64, s. 14. [*1.10.69.] (25 of 1969.) Abolition of certain privileges. 1968 c. 64, s. 16(1), (2) & (5). Consequential amendments relating to privilege. [cf. 1968 c. 64, s. 17.] Interpretation and savings of Parts IV and VI. [cf. 1968 c. 64, s. 18.] (25 of 1969.) Rules. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1848 c. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill, etc., and admissibility thereof. 1867 c. 35, s. 6. Interpretation. 1975 c. 34, s. 9(1). Application to the High Court for assistance in obtaining evidence for civil proceedings in another court. 1975 c. 34, s. 1. Power of a court in Hong Kong to give effect to an application for assistance. 1975 c. 34, s. 2. Privilege of witnesses. 1975 c. 34, s. 3. Effect of subpoena. [cf. 1975 c. 34, s. 4.] Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court. 1975 c. 34, s. 5. Rules of court. 1975 c. 34, s. 7. (Cap. 4.) Saving. 1975 c. 34, s. 9(4). Issue of letter of request to obtain evidence in criminal proceedings. (Cap. 4.) Admissibility in criminal proceedings of evidence obtained pursuant to letter of request. (37 of 1984.) Provisions supplementary to sections 77E and 77F. Impounding of forged document admitted in evidence. 1845 c. 113, s. 4; 1851 c. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 1853 c. 30, s. 9. (Cap. 14.) (Cap. 338.) (Cap. 25.) Saving as to Wills Act 1837. (1837 c. 26.)
Abstract
Originally 2 of 1889. 26 of 1886. 31 of 1911. (Cap. 8, 1950.) 49 of 1973. 2 of 1908. 9 of 1908. 3 of 1909. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 8 of 1912. 22 of 1912. 27 of 1912. 43 of 1912. 23 of 1915. 11 of 1922. 20 of 1922. 21 of 1922. 5 of 1924. 1 of 1927. 33 or 1934. 27 of 1937. 6 of 1939. 2 of 1946. 9 of 1950. 24 of 1950. 37 of 1950. 21 of 1966. 46 of 1967. 25 of 1969. 31 of 1969. 69 of 1970. 35 of 1971. 20 of 1972. 35 of 1972. 6 of 1973. 42 of 1973. 15 of 1975. 92 of 1975. 2 of 1977. 30 of 1978. 65 of 1980. 79 of 1981. L.N. 76/82. 47 of 1982. L.N. 298/82. 37 of 1984. Short title. Interpretation. [cf. 1851 c. 99, s. 16.] Incompetency from immature age or unsoundness of mind. Evidence of child of tender years. 1908 c. 67, s. 30. (Cap. 227.) (Cap. 226.) Evidence of parties. [cf. 1851 c. 99, s. 2; 1853 c. 83, s. 1.] Evidence of husband and wife. [cf. 1851 c. 99, s. 3; 1853 c. 83, s. 2.] Privilege of husband and wife. 1853 c. 83, s. 3. Evidence of access. 1949 c. 100. No incapacity from crime or interest. 1843 c. 85, s. 1. Exception as to defendant in criminal proceedings. [cf. 1851 c. 99, s. 3.] Evidence of parties and their husbands and wives in proceedings for adultery. 1869 c. 68, s. 3. Discrediting a witness. 1854 c. 125, s. 22; 1865 c. 18, s. 3. Proof of contradictory statement of adverse witness. 1865 c. 18, s. 4. Cross-examination as to previous statement in writing. 1854 c. 125, s. 24; 1865 c. 18, s. 5. Proof of conviction and previous conviction for indictable offence. 1851 c. 99, s. 13; 1854 c. 125, s. 25; 1865 c. 18, s. 6; 1871 c. 112, s. 18. Attesting witness need not be called. 1854 c. 125, s. 26; 1865 c. 18, s. 7. Comparison of disputed with genuine writing. 1854 c. 125, s. 27. Evidence in criminal proceedings to prove unrecorded event did not happen. Copy of document of public nature. 1851 c. 99, s. 14. Official documents. 1845 c. 113, s. 1. Certificate in criminal proceedings in respect of foreign documents. Certificate in criminal proceedings of designation of foreign bank. Privilege relating to sections 19A and 19B. Copy of entry in banker's record. (Cap. 4.) (Cap. 32.) (Cap. 328.) Court or judge may direct copies of entries in banker's record to be taken. 1879 c. 11, ss. 7, 8. Evidence in criminal proceedings from documentary records. (Cap. 161.) Documentary evidence in criminal proceedings from computer records. Provisions supplementary to sections 22 and 22A. Copy of records of Royal Observatory. Certificate of accuracy of chronometer. Government Chemist's certificates. Schedule, Form 1. Certificates as to photographic process. Schedule, Form 2. Certified translations of documents. (47 of 1982.) [*16.7.82.] Certificates of accuracy of speedometers and radar and weighing devices. Certificate of posting of documents. Certified transcripts of tape recordings. (47 of 1982.) [*16.7.82.] Computation of time. 1879 c. 11, s. 11. (Cap. 149.) Proof of foreign or colonial act of state, judgment, etc. 1851 c. 99, s. 7. Proof of statutes of Commonwealth Country. 1907 c. 16, s. 1. Swearing of answer, etc., in High Court in England, etc. 1852 c. 86, s. 22. Admissibility of document having seal and signature of British ambassador, etc. 1855 c. 42, s. 3. 1889 c. 10, s. 6(1); 1891 c. 50, s. 2. Proof of various matters in civil proceedings. Effect of notices in Gazette. Admissibility of document filed in foreign court or consulate. Courts to take judicial notice of signature of judges, etc. 1845 c. 113, s. 2. Prints of films of public documents. Prints from films of Government documents, etc. Interpretation. Proof of instrument to validity of which attestation is necessary. 1938 c. 28, s. 3. Presumptions as to documents 20 years old. 1938 c. 28, s. 4. Power to order proof of specified facts by affidavit with or without attendance of deponent. 1938 c. 28, s. 5. Interpretation and savings. 1938 c. 28, s. 6. 1968 c. 64, s. 20(2). Hearsay evidence to be admissible only by virtue of this or any other Ordinance or by agreement. 1968 c. 64, s. 1. Admissibility of out-of-court statements as evidence of facts stated. 1968 c. 64, s. 2. L.N. 154/70. Witness's previous statement, if proved, to be evidence of facts stated. 1968 c. 64, s. 3. Admissibility of certain records as evidence of facts stated. 1968 c. 64, s. 4. Admissibility of statements produced by computers. 1968 c. 64, s. 5. Provisions supplementary to sections 47 to 50. 1968 c. 64, s. 6. Admissibility of evidence as to credibility of maker, etc. of statement admitted under section 47 or 49. 1968 c. 64, s. 7. Admissibility of certain hearsay evidence formerly admissible at common law. 1968c. 64, s. 9. (25 of 1969.) Interpretation of sections 46 to 54 and application to arbitrations, etc. 1968 c. 64, s. 10. (Cap. 4, sub. leg.) (Cap. 4.) Application of Part IV to statements of opinion. 1972 c. 30, s. 1. Rules with respect to expert reports and oral expert evidence. 1972 c. 30, s. 2. Admissibility of expert opinion and certain expressions of non-expert opinion. 1972 c. 30, s. 3. L.N. 155/79. Evidence of foreign law. 1972 c. 30, s. 4. (1971 c. 23.) L.N. 155/79. Interpretation, application to arbitrations etc, and savings. [cf. 1972 c. 30, s. 5.] (Cap. 4, sub. leg.) (Cap. 4.) Convictions as evidence in civil proceedings. [cf. 1968 c. 64, s. 11.] (Cap. 298.) Findings of adultery as evidence in civil proceedings. [cf. 1968 c. 64, s. 12.] Conclusiveness of convictions for purposes of defamation actions. [cf. 1968 c. 64, s. 13.] [*1.10.69.] (25 of 1969.) Privilege against incrimination of self or spouse. 1968 c. 64, s. 14. [*1.10.69.] (25 of 1969.) Abolition of certain privileges. 1968 c. 64, s. 16(1), (2) & (5). Consequential amendments relating to privilege. [cf. 1968 c. 64, s. 17.] Interpretation and savings of Parts IV and VI. [cf. 1968 c. 64, s. 18.] (25 of 1969.) Rules. Admissibility in evidence in criminal proceedings of deposition of person dead, etc. 1848 c. 42, s. 17. Prima facie proof of examination having been duly taken. Objection that deposition tendered was not signed by magistrate. Power to take deposition of person dangerously ill, etc., and admissibility thereof. 1867 c. 35, s. 6. Interpretation. 1975 c. 34, s. 9(1). Application to the High Court for assistance in obtaining evidence for civil proceedings in another court. 1975 c. 34, s. 1. Power of a court in Hong Kong to give effect to an application for assistance. 1975 c. 34, s. 2. Privilege of witnesses. 1975 c. 34, s. 3. Effect of subpoena. [cf. 1975 c. 34, s. 4.] Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court. 1975 c. 34, s. 5. Rules of court. 1975 c. 34, s. 7. (Cap. 4.) Saving. 1975 c. 34, s. 9(4). Issue of letter of request to obtain evidence in criminal proceedings. (Cap. 4.) Admissibility in criminal proceedings of evidence obtained pursuant to letter of request. (37 of 1984.) Provisions supplementary to sections 77E and 77F. Impounding of forged document admitted in evidence. 1845 c. 113, s. 4; 1851 c. 99, s. 17. Admissibility of certain medical notes and reports. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial. Warrant or order to bring up prisoner to give evidence. 1853 c. 30, s. 9. (Cap. 14.) (Cap. 338.) (Cap. 25.) Saving as to Wills Act 1837. (1837 c. 26.)
Identifier
https://oelawhk.lib.hku.hk/items/show/2212
Edition
1964
Volume
v2
Subsequent Cap No.
8
Number of Pages
61
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EVIDENCE ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/2212.
