Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.59

Evidence of foreign law

(1)
A person who is suitably qualified to do so on account of his knowledge or experience is competent to give, in civil proceedings, expert evidence as to the law of any country or territory outside Hong Kong, irrespective of whether he has acted or is entitled to act as a legal practitioner there.
*
                (2)
Where any question as to the law of any country or territory outside Hong Kong
                with respect to any matter has been determined (whether before or after the
                commencement of this Part) in any such proceedings as are mentioned in subsection
                (4), then in any civil proceedings (not being proceedings before a court which can
                take judicial notice of the law of that country or territory with respect to that
                matter
)—
(a)
any finding made or decision given on that question in the first-mentioned
                    proceedings shall, if reported or recorded in citable form, be admissible in
                    evidence for the purpose of proving the law of that country or territory with
                    respect to that matter; and
(b)
if that finding or decision, as so reported or recorded, is adduced for
                        that purpose, the law of that country or territory with respect to that
                        matter shall be taken to be in accordance with that finding or decision
                        unless the contrary is
proved:
Provided that paragraph (b) shall
                not apply in the case of a finding or decision which conflicts with another finding
                or decision on the same question adduced by virtue of this subsection in the same
                proceedings.
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                (3)
Except with the leave of the court, a party to any civil proceedings shall not
                be permitted to adduce any such finding or decision as is mentioned in subsection
                (2) by virtue of that subsection unless he has in accordance with rules given to
                every other party to the proceedings notice that he intends to do so.
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                (4)
The proceedings referred to in subsection (2) are the following, whether civil
                or criminal,
namely—
(a)
proceedings at first instance in the High Court or in the Supreme Court of
                    England as constituted by
section 1
of the Courts Act 1971 (1971 c.
                    23 U.K.);
(b)
appeals arising out of proceedings as are mentioned in paragraph
                    (a);
(c)
proceedings before the Court of Final Appeal.
(Replaced
79 of 1995 s. 50
)
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                (5)
For the purposes of this section a finding or decision on any such question as
                is mentioned in subsection (2) shall be taken to be reported or recorded in citable
                form if, but only if, it is reported or recorded in writing in a report, transcript
                or other document which, if that question had been a question as to the law of Hong
                Kong, could be cited as an authority in legal proceedings in Hong Kong.