Cap. 8activeordinance

Evidence Ordinance

證據條例

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                                relevant day is superseded by the provisions of this Part.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*.