BANKERS' BOOKS EVIDENCE ORDINANCE, 1882
Title
BANKERS' BOOKS EVIDENCE ORDINANCE, 1882
Description
O IMITA FTC i~; i1Toi - op, :1 88?.
Baaikers' Books Evidence. -
No. 7 of 1$$9,:~
An Ordinance to arnend tile Law with reference to Bankers' Books
Evidence.
(22nd February, 1882.1
'Hh7REAS serious inconvenience- may be occasioned to bankers and also to
the
public by reason of the removal of the ledgers and other account boobs
from
the banks for the purpose of being produced in legal proceedings; And
whereas it is
expedient to facilitate the proof of the transactions recorded in such
ledgers and account
books; be it therefore enacted by the Governor of l'iongkong with the
advice of tlie-
hegislative Council thereof, as follows:-
Kb::rt tutu. 1. This Ordinance may be cited for all purposes as The
Bankers' Books Evidence
Ordinance .1882,
III tais in books
1) V affidavit
:La,nt9sibn ;n
evidence.
Interpretation 2. The word ' bank' in this Ordinance shall mean any, body
corporate company
~;::~:~. yr society which now is or hereafter may be established by
charter or by under or by
virtue of any act of Parliament or Ordinance.
The words ' legal proceedings ' in this Ordinance shall include all
proceedings,
whether preliminary or final, in Courts of justice, both criminal and
civil, legal and,
equitable, and shall include all proceedings, whether preliminary or
final, by way of
arbitration, examination, of witnesses, assessment of damages,
compensation, or other-
wise, in which there is power to ad-minister an oath. _
The words 'the Court' in this Ordinance shall mean. the Court, Judge,
Magis-
trate, arbitrators, or other person authorised to preside over the said.
legal proceedings
for the tirno being, and shall include all.persons, judges, or officers
having jurisdiction
and authorised to preside over or to exercise judicial control over the
said legal pro-
ceedings or the procedure or any steps therein. r
3. From and after the commencement of this Ordinance the entries in
ledgers,
day books, cash boobs, and other account books of any bank shall be
admissible in all
legal procegdings as pa-imp facie evidence of the matters, transactions,,
and accounts
recorded therein on proof being given by the affidavit in writing of one
of the partners,
managers, or officers of such bank, yr by other. evidence that such
ledgers, day books,.
'c~slu books, or other account boobs are or have been the ordinary books
of such bank,
and that the said entries have been made in usual or ordinary course old
business, and
that such books are in or come immediately from the custody or control of
such bank
Nothing'~in.this clause contained shall apply to any legal proceeding to
which any bank
whose ledgers, day cooks, cash books, ant other account books may be
required to bo-~
produced in evidence wall be a party.
Originals need 4. Copies of all entries in any ledgers, day books, cash
books or other account
not be Produced.
books used by any such back may be proved in all legal proceedings as
evidence of such
entries without production of the originals, by means of the affidavit of
a person who-
lias examined the same, stating the fact of' said examination, and that
the copies sought.
to be put in evidence are correct.
ORDINANCE No. 7 of 1882.
Bankers' Books .Evidence.
5. Provided always, that no ledger, day book, cash book, or other account book of
any such bank, and no copies of entries therein contained, shall be
adduced or received i~t t~ ~ttit.
in evidence under this Ordinance unless five days' notice in writing, or
such other
notice as may be ordered by the Court, containing a copy of tape entries
proposed to be.
adduced and of the intention to adduce the same in evidence, shall have
been given by
the party proposinb to adduce the same in evidence to the other party or
parties to the
said legal proceeding, and that such other party or parties is or are at
liberty to inspect
the original entries and the accounts of which such entries form a part.
6. On the application of any party to any legal proceedings who has
received such
notice, a Judge of the Supreme Court may order that such party be at
liberty to inspect
.and to take copies of any entry or entries in the ledger, 41ay books,
cash books, or
other account books of any such bank relating to the matters in question
in such legal
proceedings, and such orders may be made by such Sudge.at his discretion
either with
or without summoning before him such bank or the other party or parties
to such legal
proceedings, and shall be intimated to such bank at least three days
before such copies
are required.
7. On the application of any party to guy legal proceedings' who has
received.
notice, a Judge of the Supreme Court nay order that such entries and
copies mentioned
in -the said notice shall not be admissible as evidence of the matters,,
transactions, and
,accounts recorded in such ledgers, day books, cash.books, and other
account books.
8. No bank lshall be compellable to produce the ledgers, days books, cash
books,
or other account boobs of such bank .in any legal proceedings, unless a
Judge of the
Supreme Court specially orders that such ledgers; day books, cash books;
or other
account books should be produced at stioh legal, proceedings.
[Repealed by Ordhiance, No. 3 of 1885.]
1642
Short title.
Interpretation clause.
Entries in books by affidavit admissible in evidence.
Originals need not be produced.
1643
Proviso as to notice to parties in a suit.
Power under order of Court to inspect books and take copies.
Judge may order that copies are not admissible.
Bank not compellable to produce books except in certain cases.
Baaikers' Books Evidence. -
No. 7 of 1$$9,:~
An Ordinance to arnend tile Law with reference to Bankers' Books
Evidence.
(22nd February, 1882.1
'Hh7REAS serious inconvenience- may be occasioned to bankers and also to
the
public by reason of the removal of the ledgers and other account boobs
from
the banks for the purpose of being produced in legal proceedings; And
whereas it is
expedient to facilitate the proof of the transactions recorded in such
ledgers and account
books; be it therefore enacted by the Governor of l'iongkong with the
advice of tlie-
hegislative Council thereof, as follows:-
Kb::rt tutu. 1. This Ordinance may be cited for all purposes as The
Bankers' Books Evidence
Ordinance .1882,
III tais in books
1) V affidavit
:La,nt9sibn ;n
evidence.
Interpretation 2. The word ' bank' in this Ordinance shall mean any, body
corporate company
~;::~:~. yr society which now is or hereafter may be established by
charter or by under or by
virtue of any act of Parliament or Ordinance.
The words ' legal proceedings ' in this Ordinance shall include all
proceedings,
whether preliminary or final, in Courts of justice, both criminal and
civil, legal and,
equitable, and shall include all proceedings, whether preliminary or
final, by way of
arbitration, examination, of witnesses, assessment of damages,
compensation, or other-
wise, in which there is power to ad-minister an oath. _
The words 'the Court' in this Ordinance shall mean. the Court, Judge,
Magis-
trate, arbitrators, or other person authorised to preside over the said.
legal proceedings
for the tirno being, and shall include all.persons, judges, or officers
having jurisdiction
and authorised to preside over or to exercise judicial control over the
said legal pro-
ceedings or the procedure or any steps therein. r
3. From and after the commencement of this Ordinance the entries in
ledgers,
day books, cash boobs, and other account books of any bank shall be
admissible in all
legal procegdings as pa-imp facie evidence of the matters, transactions,,
and accounts
recorded therein on proof being given by the affidavit in writing of one
of the partners,
managers, or officers of such bank, yr by other. evidence that such
ledgers, day books,.
'c~slu books, or other account boobs are or have been the ordinary books
of such bank,
and that the said entries have been made in usual or ordinary course old
business, and
that such books are in or come immediately from the custody or control of
such bank
Nothing'~in.this clause contained shall apply to any legal proceeding to
which any bank
whose ledgers, day cooks, cash books, ant other account books may be
required to bo-~
produced in evidence wall be a party.
Originals need 4. Copies of all entries in any ledgers, day books, cash
books or other account
not be Produced.
books used by any such back may be proved in all legal proceedings as
evidence of such
entries without production of the originals, by means of the affidavit of
a person who-
lias examined the same, stating the fact of' said examination, and that
the copies sought.
to be put in evidence are correct.
ORDINANCE No. 7 of 1882.
Bankers' Books .Evidence.
5. Provided always, that no ledger, day book, cash book, or other account book of
any such bank, and no copies of entries therein contained, shall be
adduced or received i~t t~ ~ttit.
in evidence under this Ordinance unless five days' notice in writing, or
such other
notice as may be ordered by the Court, containing a copy of tape entries
proposed to be.
adduced and of the intention to adduce the same in evidence, shall have
been given by
the party proposinb to adduce the same in evidence to the other party or
parties to the
said legal proceeding, and that such other party or parties is or are at
liberty to inspect
the original entries and the accounts of which such entries form a part.
6. On the application of any party to any legal proceedings who has
received such
notice, a Judge of the Supreme Court may order that such party be at
liberty to inspect
.and to take copies of any entry or entries in the ledger, 41ay books,
cash books, or
other account books of any such bank relating to the matters in question
in such legal
proceedings, and such orders may be made by such Sudge.at his discretion
either with
or without summoning before him such bank or the other party or parties
to such legal
proceedings, and shall be intimated to such bank at least three days
before such copies
are required.
7. On the application of any party to guy legal proceedings' who has
received.
notice, a Judge of the Supreme Court nay order that such entries and
copies mentioned
in -the said notice shall not be admissible as evidence of the matters,,
transactions, and
,accounts recorded in such ledgers, day books, cash.books, and other
account books.
8. No bank lshall be compellable to produce the ledgers, days books, cash
books,
or other account boobs of such bank .in any legal proceedings, unless a
Judge of the
Supreme Court specially orders that such ledgers; day books, cash books;
or other
account books should be produced at stioh legal, proceedings.
[Repealed by Ordhiance, No. 3 of 1885.]
1642
Short title.
Interpretation clause.
Entries in books by affidavit admissible in evidence.
Originals need not be produced.
1643
Proviso as to notice to parties in a suit.
Power under order of Court to inspect books and take copies.
Judge may order that copies are not admissible.
Bank not compellable to produce books except in certain cases.
Abstract
1642
Short title.
Interpretation clause.
Entries in books by affidavit admissible in evidence.
Originals need not be produced.
1643
Proviso as to notice to parties in a suit.
Power under order of Court to inspect books and take copies.
Judge may order that copies are not admissible.
Bank not compellable to produce books except in certain cases.
Short title.
Interpretation clause.
Entries in books by affidavit admissible in evidence.
Originals need not be produced.
1643
Proviso as to notice to parties in a suit.
Power under order of Court to inspect books and take copies.
Judge may order that copies are not admissible.
Bank not compellable to produce books except in certain cases.
Identifier
https://oelawhk.lib.hku.hk/items/show/409
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 7 of 1882
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BANKERS' BOOKS EVIDENCE ORDINANCE, 1882,” Historical Laws of Hong Kong Online, accessed May 20, 2025, https://oelawhk.lib.hku.hk/items/show/409.
