Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.20A

Application of section 20 to banks that have ceased business

(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 be 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
(
前有銀行
) means a bank which is being or has been wound up or dissolved or has otherwise ceased to carry on business as a bank.