Full legislation
s.50
Competence and credibility
(1)
Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it
is—
(a)
shown to consist of; or
(b)
to be proved by means of,
a statement made by a person who at the time he made the statement was not competent as a witness.
(2)
Subject to subsection (3), where in civil proceedings hearsay evidence is adduced and the maker of the original statement, or of any statement relied upon to prove another statement, is not called as a
witness—
(a)
evidence which if he had been so called would be admissible for the purpose of attacking or supporting his credibility as a witness is admissible for that purpose in the proceedings; and
(b)
evidence tending to prove that, whether before or after he made the statement, he made any other statement inconsistent with it is admissible for the purpose of showing that he had contradicted himself.
(3)
Evidence shall not be given under subsection (2) of any matter of which, if the maker referred to in that subsection had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.
(4)
In subsection (1),
not
competent as a
witness
(
沒有資格作證人
) means suffering from such mental or
physical incapacity, or lack of understanding, as would render a person incompetent
as a witness in civil proceedings.