Evidence Ordinance

(1)
In this Part, unless the context otherwise requires,
civil
                        proceedings
(
民事法律程序
) includes, in addition to civil
                    proceedings in any
court—
(a)
civil proceedings before any tribunal, being proceedings in relation to which the strict rules of evidence apply; and
(b)
an arbitration or reference, whether under an enactment or not,
but does not include civil proceedings in relation to which the strict rules of evidence do not apply.
(2)
In this Part, unless the context otherwise
requires—
court
(
法庭
、
法院
)
                does not include a court-martial, and, in relation to an arbitration or reference,
                means the arbitrator or umpire and, in relation to proceedings before a tribunal
                (not being a court), means the tribunal;
legal
                    proceedings
(
法律訴訟程序
) includes an arbitration or
                reference, whether under an enactment or not;
(Amended
65 of 1980 s. 7
)
rules
(
規則
) means the Rules of the High Court (
Cap. 4 sub. leg. A
) made under
section 54
of
                the High Court Ordinance (
Cap. 4
).
(Added
65 of 1980 s. 7
. Amended
25 of 1998 s. 2
)
(3)
For the purposes of the application of
section 59
in relation to any such civil proceedings as are mentioned in subsection
(1
)(
a)
or (b), any rules made under
section 54
of the High Court Ordinance (
Cap. 4
) shall (except in so far as their operation is excluded by agreement) apply, subject to such modifications as may be appropriate, in like manner as they apply in relation to civil proceedings in the Court of First Instance.
(Amended
65 of 1980 s. 7
;
25 of 1998 s. 2
;
2 of 1999 s. 4
)
(4)
If any question arises as to what are, for the purposes of any such civil proceedings as are mentioned in subsection
(1
)(
a)
or (b), the appropriate modifications of any such rule as is mentioned in subsection (3), that question shall, in default of agreement, be determined by the tribunal or the arbitration or umpire, as the case may be.
(5)
Nothing in this Part shall
prejudice—
(a)
any power of a court, in any civil proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion;
(b)
the operation of any agreement (whenever made) between the parties to any civil proceedings as to the evidence which is to be admissible (whether generally or for any particular purpose) in those proceedings.