Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.77B

Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court

(1)
The provisions of
sections 75
,
76
and
77
shall
                have effect in relation to the obtaining of evidence for the purposes of criminal
                proceedings as they have effect in relation to the obtaining of evidence for the
                purposes of civil proceedings except
that—
(a)
section 75(b)
shall apply only to proceedings which have been
                    instituted or whose institution is likely if the evidence is obtained; and
(Amended
37 of 1984 s. 9
)
(b)
an order under
section 76
shall not make provision for any
                    matter other than a matter referred to in
section 76(2
)(
a)
or (b).
(Replaced
23 of 2003 s. 15
)
(2)
In its application by virtue of subsection (1),
section 77(1
)(
a)
and
                (b) shall have effect as if for the words “civil proceedings” there were substituted
                the words “criminal proceedings”.
(3)
Nothing in this section applies in the case of criminal proceedings of a
                political character.
[cf. 1975 c. 34 s. 5 U.K.]