EVIDENCE ORDINANCE - minor amendment

EVIDENCE ORDINANCE - minor amendment

CHAPTER 8

EVIDENCE

The Evidence Ordinance is amended--

(1) in section 1911-

(a)in section 18 by repealing 'and' where it secondly appears
and substituting 'any';

(b) by being renumbered as subsection (1);

(c) by adding after subsection (1)-

(2) The power conferred by subsection (1) may be
exercised in respect of any body formed or established
outside Hong Kong notwithstanding that it has ceased
to carry on the business of banking or is being or has
been wound up or dissolved. (Added 67 of 1986 s. 2)

(2) in section 20(5)--

(a)in paragraph (a) by repealing '19B' and substituting 19B(1)

(b)in paragraph (b) by repealing 'Deposit-taking Companies
Ordinance to be registered or licensed thereunder' and
substituting

Banking Ordinance to be registered or licensed
thereunder as a deposit-taking company

(3) by adding after section 20-

20A. (1) Section 20 shall apply to a copy of an entry or
matter recorded in a record used in the ordinary course of
business of a former bank which is tendered in evidence in
criminal proceedings as it applies to a copy of an entry or
matter recorded in a banker's record, but with the following
modifications

(a)subsection (1)(a)(ii) thereof shall be construed as if
for 'the bank' there were substituted 'any person
duly authorized in that behalf or otherwise
responsible for administering the affairs of the
former bank'; and

(b)a reference therein to an officer of a bank shall in
relation to the former bank be construed as a
reference to any person who is, or is an officer of, a
person responsible for administering the affairs of
the former bank.





(2) Section 20 shall apply to a copy of an entry or matter
recorded in a record used in the ordinary course of business
of a body designated by the Financial Secretary under section
19B(2) for the purposes of criminal proceedings which is
tendered in evidence in those criminal proceedings as it
applies to a copy of an entry or matter recorded in a banker's
record, but with the following modifications--

(a)a reference therein to a bank shall be construed as a
reference to any person responsible for administering
the affairs of that body;

(b)a reference therein to an officer of a bank shall he
construed as a reference to any person who is, or is
an officer of, a person responsible for administering
the affairs of that body.

(3) For the purposes of subsection (1) 'former bank'
means a bank which is being or has been wound up or
dissolved or has otherwise ceased to carry on business as a
bank.

(Added 67 of 1986s. 4)

(4) in section 77F-

(a) in subsection (1)-

(i) in paragraph (c)(ii) by adding after 'the original thereof '

, or a copy thereof made by any photographic process,

(ii) in paragraph (d) by adding after 'the original thereof

' or a copy thereof made by any photographic process,

(b) in subsection (2)(b)--

(i) by adding after 'banking outside Hong Kong,'-

or which (having formerly carried on the business of
banking outside Hong Kong) is being or has been wound
up or dissolved or has otherwise ceased to carry on such
business,

(ii) in sub-paragraph (i) by adding after 'body'

or, in the case of any such body which is being or has
been wound up or dissolved or has otherwise ceased to
carry on such business, by any person who is, or is an
officer of, a person responsible for administering its
affairs
67 of 1986 s. 2. L.N. 54 of 1989 67 of 1986 s. 3. L.N. 27 of 1986 s. 137 (Cap. 155) Application of section 20 to banks that have ceased business 67 of 1986 s. 5.

67 of 1986 s. 2. L.N. 54 of 1989 67 of 1986 s. 3. L.N. 27 of 1986 s. 137 (Cap. 155) Application of section 20 to banks that have ceased business 67 of 1986 s. 5.

https://oelawhk.lib.hku.hk/items/show/3637

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