Full legislation
s.52
Evidence formerly admissible at common law
(1)
The common law rule effectively preserved by
section
54(1)
and (2)(a) of this Ordinance (admissibility of
admissions adverse to a party) as in force immediately before the
relevant day is superseded by the provisions of this Part.
(2)
The common law rules effectively preserved by
section
54(1)
and (2)(b) to (d) of this Ordinance as in force
immediately before the relevant day, that is, any rule of law
whereby in civil
proceedings—
(a)
published works dealing with matters of a public nature
(for example, histories, scientific works, dictionaries and
maps) are admissible as evidence of facts of a public nature
stated therein;
(b)
public documents (for example, public registers, and
returns made under public authority with respect to matters
of public interest) are admissible as evidence of facts
stated therein; or
(c)
records (for example, the records of certain courts,
treaties, Crown grants or Government grants, pardons and
commissions) are admissible as evidence of facts stated
therein,
shall continue to have effect.
(3)
The common law rules effectively preserved by
section
54(3)
and (4) of this Ordinance as in force
immediately before the relevant day, that is, any rule of law
whereby in civil
proceedings—
(a)
evidence of a person’s reputation is admissible for the
purpose of proving his good or bad character; or
(b)
evidence
of—
(i)
reputation or family tradition is admissible for
the purpose of proving or disproving pedigree or the
existence of a marriage; or
(ii)
reputation is admissible for the purpose of proving
or disproving the existence of any public or general
right or of identifying any person or
thing,
shall continue to have effect in so far as they authorize the
court to treat such evidence as proving or disproving that
matter:
Provided that where any
such rule applies, reputation or family tradition shall be treated
for the purposes of this Part as a fact and not as a statement or
multiplicity of statements about the matter in question.
(4)
The words in which a rule of law mentioned in this section is
described are intended only to identify the rule and shall not be
construed as altering it in any way.
(5)
In this section,
relevant
day
(
有關日期
) means the day on
which
section 2
of the Evidence (Amendment) Ordinance
1999 (
2 of 1999
) comes into
operation*.