BANKERS' BOOKS EVIDENCE ORDINANCE, 1885

BANKERS' BOOKS EVIDENCE ORDINANCE, 1885

Bankers' Books Evidence.

No. 3 of 1885

An Ordinance entitled The Bankers' Books Evidence Ordinance, 1885.
[29th January, 188 5).]

BE it enacted by the Governor of Hongkong,. with the advice of the
Legislative
Council thereof, as follows:-

1. Ordinance 7 of. 1882 is her eby repealed.

2. Subject to the provisions of this Ordinance a .copy of any entry in a
banker's
look shall in all legal proceedings be received as primcit facie evidence
of such -entry,
~a:nd of-the matters, transactions; and accounts~thqrein recorded.
ot-cut)tpttlrt. ry-
to produce
origimti.

(.i0111'E or .; Itd gC
)arty direct
cal)ies to he

` Banker.s' Books evidence.

r°ry to be 3. A copy, of an entry in a banker's book :shall not
be.received in evidence under
from ordinary Act unless it be- first proved that the book was at the~time
of making the entry
one of the ordinary books of the bank, and that the entry was made in the
usual and
,ordinary course of business, and that the look is in the custody or
control of the
'bank. Such proof may be given by a partner or officer of the lank, and
may be given
orally or by an affidavit sworn before any person authorized to take
affidavits.

'Copy t!)1):: 4, A copy of an entry in a banker's book shall not be
received in evidence under
rertifieli.
~~«,s~.~ this Act unless it be further proved that the copy has been
examined with the original
entry and is correct.

Such ,proof shall be Given by some person who has examined the copy with
the

original entry, and play be given either orally or by an affidavit sworn
before any
person authorized to take affidavits. ,

5. A banker or officer of a bank shall not, in any legal proceeding to
which the
bank is not a party, be compelled to produce any banker's book the
contents of which
can b8 proved under this Ordinance, or to appear. as a witness to prove
the matters,
transactions or accounts therein recorded, unless by order of, a Judge
made for
special cause. - -.

6. On the application of any party to a legal proceeding ,a Court or
Judge may
order that such party be at liberty to inspect and take copies of any
entries in a
banker's book for any of such proceedings. 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, three clear days before the same is to be obeyed, unless the
Court or
Judge otherwise directs.

7. The cost of any application to a Court or Judge ulider or for the
purposes of
this ,Ordinance, and the cost of anything done or to be done under an
order of a Court:
or Judge made under or for the purposes of this Ordinance, shall be in
the discretion
of the Court of Judge, who may order the same or any part thereof to be
paid to agy
party by the bank, where the sazr:e have been occasioned by any default
or delay on=
the part of the bank. Any such order against a bank may be enforced as if
the bank

was a party to the proceeding.

(oterpretat:ion $, In this Urdinance the expression 'bank' shall mean any
corporation, company
r)f the terms

'I
0~ ~~i, and
or society established by charter ,or, under, or by virtue of any Act of
Parliament or
'bankers Ordinance lawfully carrying on the business o£ bankers, or any
Toreign banking
1~pnkS:' b t7
company carrying on business in this Colony, and recognized as such for
the purposes
of this Ordinance by an order of the Governor in Council, published in
the Gazette.
Expressions in this Ordinance relating to 'banker's books' include
ledgers, day
books, cash books, account books, and-all other books used in the ordinary
business of
. ape bank.

4

-The- expression 'legal proceeding', means any civil or criminal
.proceeding or
inquiry in which evidence is or :may -be .biven, aid includes an
arbitration; tl~e
Bankers' Books Evidence.


expression t` the Court' means the Court, Judge, arbitrator, persons, or
person before
vholn a legal proceeding is held or taken;

The expression 'a Judge' means a Judge of the Supreme Court of the Colony
of
HOI1bli0I1g.
9. Sunday, Christmas Day, Good Friday, and any lawh holiday shall be
excluded iert,ciic mys
excluded from
from the computation of time under this Ordinance. c.omgntotion
. of time.

[Repealed by Ordinance No. 2 of 1889.]
1837

Ordinance 7 of 1882 repealed.
Copy of entry prima facie evidence.
1838
Copy to be from ordinary book.
[* Sic.]
Copy to be certified.
[* Sic.]
Not compulsory to produce original.
Court or Judge may direct copies to be taken.
Costs.
Interpretation of the terms.
'bank,'
'banker,' and '
banker's books.'
1839
Certain days excluded from computation of time.

1837

Ordinance 7 of 1882 repealed.
Copy of entry prima facie evidence.
1838
Copy to be from ordinary book.
[* Sic.]
Copy to be certified.
[* Sic.]
Not compulsory to produce original.
Court or Judge may direct copies to be taken.
Costs.
Interpretation of the terms.
'bank,'
'banker,' and '
banker's books.'
1839
Certain days excluded from computation of time.

https://oelawhk.lib.hku.hk/items/show/469

1890

v4

No. 3 of 1885

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