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.