Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.22B

Provisions supplementary to sections 22 and 22A

(1)
Where in any criminal proceedings a statement contained in a document is admissible in evidence by virtue of
section 22
or
22A
, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document or of the material part thereof.
(2)
Where in any criminal proceedings a statement contained in a document is admitted in evidence by virtue of
section 22
or
22A
, the court may draw any reasonable inference from the circumstances in which the statement was made or otherwise came into being or from any other circumstances, including the form and contents of the document in which the statement is contained.
(3)
In estimating the weight, if any, to be attached to a statement admitted in evidence by virtue of
section 22
or
22A
, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in
particular—
(a)
in the case of a statement falling within
section 22
, to the question whether or not the person who supplied the information from which the record containing the statement was compiled did so contemporaneously with the occurrence or existence of the facts dealt with in that information, and to the question whether or not that person, or any person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts; and
(b)
in the case of a statement falling within
section 22A
, to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information, and to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.
(4)
In
sections 22
and
22A
and this section
document
(
文件
),
copy
(
副本
) and
statement
(
陳述
) have the same meaning as in Part IV.
(5)
Nothing in
section 22
or
22A
shall prejudice the admissibility of any evidence that would be admissible apart from that section.