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Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.1

Short title

This Ordinance may be cited as the
Evidence Ordinance
.

Table of Contents

Sections

1Short title
2Interpretation
3Incompetency from immature age or unsoundness of mind
4Evidence given by children*
4AAbolition of corroboration rule in respect of evidence given by a child*
4BAbolition of corroboration rule in respect of sexual offences
5Evidence of parties
6Evidence of husband and wife
7Privilege of husband and wife
8Evidence of access
9No incapacity from crime or interest
10Exception as to defendant in criminal proceedings
11Evidence of parties and their husbands and wives in proceedings for adultery
12Discrediting a witness
13Proof of contradictory statement of adverse witness
14Cross-examination as to previous statement in writing
15Proof of conviction and previous conviction for indictable offence
16Attesting witness need not be called
17Comparison of disputed with genuine writing
17AEvidence in criminal proceedings to prove unrecorded event did not happen
18Copy of document of public nature
19Official documents
19AEvidence of signature or fiat, etc.*
19BCertificate in criminal proceedings of designation of foreign bank
19CPrivilege relating tosections 19Aand19B
20Copy of entry in banker’s record
20AApplication ofsection 20to banks that have ceased business
21Court or judge may direct copies of entries in banker’s record to be taken
22Evidence in criminal proceedings from documentary records
22ADocumentary evidence in criminal proceedings from computer records
22BProvisions supplementary tosections 22 and 22A
23Copy of records of Hong Kong Observatory
24Certificate of accuracy of chronometer
24ACertificate of accuracy of apparatus designed and used for ascertaining the speed of a vessel
25Government Chemist’s certificates
26Certificates as to photographic process
27Certified translations of documents
28Certificates of accuracy of speedometers and radar and weighing devices
29Certificate of posting of documents
29ACertified transcripts of tape recordings
30Computation of time
31Proof of foreign or colonial act of state, judgment, etc.
32Proof of statutes of Commonwealth Country
33Swearing of answer, etc., in High Court in England, etc.
34Admissibility of document having seal and signature of British ambassador, etc.
35Proof of various matters in civil proceedings
35AAdmissibility of notarial instruments in civil proceedings
36Effect of notices in Gazette
37Admissibility of document filed in foreign court or consulate
38Courts to take judicial notice of signature of judges, etc.
39Prints of films of public documents
40Prints from films of Government documents, etc.
41Interpretation
42Proof of instrument to validity of which attestation is necessary
43Presumptions as to documents 20 years old
44Power to order proof of specified facts by affidavit with or without attendance of deponent
45Interpretation and savings
46Interpretation
47Admissibility of hearsay evidence
47ANotice of proposal to adduce hearsay evidence
48Power to call witness for cross-examination on hearsay statement, etc.
49Considerations relevant to weighing of hearsay evidence
50Competence and credibility
51Previous statements of witnesses
52Evidence formerly admissible at common law
53Proof of statements contained in documents
54Proof of records of business or public body
55Statement not contained in business records
55AProvisions as to rules of court
55BSavings
56
57
58Admissibility of expert opinion and certain expressions of non-expert opinion
59Evidence of foreign law
60Interpretation, application to arbitrations etc. and savings
61
62Convictions as evidence in civil proceedings
63Findings of adultery as evidence in civil proceedings
64Conclusiveness of convictions for purposes of defamation actions
65Privilege against incrimination of self or spouse
65APrivilege against incrimination of self or spouse in criminal proceedings
66Abolition of certain privileges
67Consequential amendments relating to privilege
68Interpretation and savings of Part VI
69Rules
70Admissibility in evidence in criminal proceedings of deposition of person dead, etc.
71Prima facie proof of examination having been duly taken
72Objection that deposition tendered was not signed by magistrate
73Power to take deposition of person dangerously ill, etc., and admissibility thereof
74Interpretation
75Application to the Court of First Instance for assistance in obtaining evidence for civil proceedings in another court
76Power of a court in Hong Kong to give effect to an application for assistance
77Privilege of witnesses
77AEffect of subpoena
77BPower of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court
77CRules of court
77DSaving
77EIssue of letter of request to obtain evidence in criminal proceedings
77FAdmissibility in criminal proceedings of evidence obtained pursuant to letter of request
77GProvisions supplementary tosections 77Eand77F
78Impounding of forged document or false instrument admitted in evidence
79Admissibility of certain medical notes and reports
80Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial
81Warrant or order to bring up prisoner to give evidence
82Saving as to Wills Act 1837

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