Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.65

Privilege against incrimination of self or spouse

(1)
The right of a person in any legal proceedings other than criminal proceedings
                to refuse to answer any question or produce any document or thing if to do so would
                tend to expose that person to proceedings for an offence or for the recovery of a
penalty—
(a)
shall apply only as regards criminal offences under the law of Hong Kong
                    and penalties provided for by such law; and
(b)
shall include a like right to refuse to answer any question or produce any
                    document or thing if to do so would tend to expose the husband or wife of that
                    person to proceedings for any such criminal offence or for the recovery of any
                    such penalty.
(2)
In so far as any existing enactment conferring (in whatever words) powers of
                inspection or investigation confers on a person (in whatever words) any right
                otherwise than in criminal proceedings to refuse to answer any question or give any
                evidence tending to incriminate that person, subsection (1) shall apply to that
                right as it applies to the right described in that subsection; and every such
                existing enactment shall be construed accordingly.
(3)
In so far as any existing enactment provides (in whatever words) that in any
                proceedings other than criminal proceedings a person shall not be excused from
                answering any question or giving any evidence on the ground that to do so may
                incriminate that person, that enactment shall be construed as providing also that in
                such proceedings a person shall not be excused from answering any question or giving
                any evidence on the ground that to do so may incriminate the husband or wife of that
                person.
(4)
Where any existing enactment (however worded)
that—
(a)
confers powers of inspection or investigation; or
(b)
provides as mentioned in subsection (3),
further provides (in whatever words) that any answer or evidence given by a
                person shall not be admissible in evidence against that person in any proceedings or
                class of proceedings (however described, and whether criminal or not), that
                enactment shall be construed as providing also that any answer or evidence given by
                that person shall not be admissible in evidence against the husband or wife of that
                person in the proceedings or class of proceedings in question.
(5)
In this section
existing
                    enactment
(
現行成文法則
) means any enactment made before the
                    commencement
#
of the Evidence (Amendment) Ordinance 1969 (
25 of
                1969
); and the references to giving evidence are references to giving evidence
                in any manner, whether by furnishing information, making discovery, producing
                documents or otherwise.