Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.62

Convictions as evidence in civil proceedings

(1)
In any civil proceedings the fact that a person has been convicted of an
                offence by or before any court in Hong Kong shall, subject to subsection (3), be
                admissible in evidence for the purpose of proving, where to do so is relevant to any
                issue in those proceedings, that he committed that offence, whether he was so
                convicted upon a plea of guilty or otherwise and whether or not he is a party to the
                civil proceedings; but no conviction other than a subsisting one shall be admissible
                in evidence by virtue of this section.
(Amended
37 of 1984 s. 11
)
(2)
In any civil proceedings in which by virtue of this section a person is proved
                to have been convicted of an offence by or before any court in Hong
Kong—
(Amended
37 of 1984 s. 11
)
(a)
he shall be taken to have committed that offence, unless the contrary is
                    proved; and
(b)
without prejudice to the reception of any other admissible evidence for the
                    purpose of identifying the facts on which the conviction was based, the contents
                    of any document which is admissible as evidence of the conviction, and the
                    contents of the information, complaint, indictment or charge on which the person
                    in question was convicted, shall be admissible in evidence for that
                    purpose.
(3)
Nothing in this section shall prejudice the operation of
section 64
or any other enactment whereby a conviction or a finding of fact in any criminal
                proceedings is for the purposes of any other proceedings made conclusive evidence of
                any fact.
(4)
Where in any civil proceedings the contents of any document are admissible in
                evidence by virtue of subsection (2), a copy of that document, or of the material
                part thereof, purporting to be certified or otherwise authenticated by or on behalf
                of the court or authority having custody of that document shall be admissible in
                evidence and shall be taken to be a true copy of that document or part unless the
                contrary is shown.
(5)
Nothing in
section 8
of the Probation of Offenders Ordinance (
Cap. 298
) (under which a conviction leading to probation
                or discharge is to be disregarded except as therein mentioned) shall affect the
                operation of this section.