Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.68

Interpretation and savings of Part VI

(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 other 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.
(3)
For the avoidance of doubt it is declared that in this Part, and in any
                amendment made by the Evidence (Amendment) Ordinance 1969 (
25 of 1969
) to any other enactment, references to a person’s husband or
                wife do not include references to a person who is no longer married to that
                person.
(4)
Nothing in this Part shall prejudice the operation of any enactment which
                provides (in whatever words) that any answer or evidence given by a person in
                specified circumstances shall not be admissible in evidence against him or some
                other person in any proceedings or class of proceedings (however
                described).
In this subsection the reference to giving evidence is a reference to giving
                evidence in any manner, whether by furnishing information, making discovery,
                producing documents or otherwise.
(5)
Nothing in this Part shall
prejudice—
(a)
any power of a court, in any legal proceedings, to exclude evidence
                    (whether by preventing questions from being put or otherwise) at its discretion;
                    or
(b)
the operation of any agreement (whenever made) between the parties to any
                    legal proceedings as to the evidence which is to be admissible (whether
                    generally or for any particular purpose) in those proceedings.
(6)
Where, by reason of any defect of speech or hearing from which he is suffering,
                a person called as a witness in any legal proceedings gives his evidence in writing
                or by signs, that evidence is to be treated for the purposes of this Part as being
                given orally.