Evidence Ordinance

(1)
A person shall not be compelled by virtue of an order under
section
                    76
to give any evidence which he could not be compelled to
give—
(a)
in civil proceedings in Hong Kong; or
(b)
subject to
                    subsections
                    (2) and (2A), in civil proceedings in the country or territory
                    in which the requesting court exercises jurisdiction.
(Amended
23 of 2003 s. 14
)
(2)
Where
                a person is giving evidence by any means other than by way of a
                live
audio-
visual
                link, subsection
(1
)(
b)
shall not apply unless the claim of the person in question to be
                exempt from giving the evidence is either—
(Amended
23 of 2003 s. 14
;
6 of 2025 s. 67
)
(a)
supported by a statement contained in the request (whether it is so
                    supported unconditionally or subject to conditions that are fulfilled);
                    or
(b)
conceded by the applicant for the order;
and where such a claim made by any person is not supported or conceded as
                aforesaid he may (subject to the other provisions of this section) be required to
                give the evidence to which the claim relates but that evidence shall not be
                transmitted to the requesting court if that court, on the matter being referred to
                it, upholds the claim.
(2A)
Where a person is giving evidence by way of a
                live
audio-
visual
                link,
                subsection
(1
)(
b)
shall not apply unless—
(Amended
6 of 2025 s. 67
)
(a)
the claim of the person in question to be exempt from giving the evidence
                    is supported or conceded as mentioned in subsection (2); or
(b)
the requesting court, on the matter being referred to it by way of a
                    live
                    audio-visual
                    link,
                    upholds the claim.
(Added
23 of 2003 s. 14
. Amended
6 of 2025 s. 67
)
(3)
Without prejudice to subsection (1), a person shall not be compelled by virtue
                of an order under
section 76
to give any evidence if his doing so would
                be prejudicial to
                national
                security or the security of the HKSAR; and a certificate signed by
                or on behalf of the Chief Secretary for Administration to the effect that it would
                be so prejudicial for that person to do so shall be conclusive evidence of that fact.
(Amended
30 of 1978 s. 2
;
L.N. 362 of
                    1997
;
6 of 2024 s. 124
)
(4)
In this section references to giving evidence include references to answering
                any question and to producing any document and the reference in subsection (2) to
                the transmission of evidence given by a person shall be construed
                accordingly.
[cf. 1975 c. 34 s. 3 U.K.]