Evidence Ordinance

(1)
Where it appears to the Court of First Instance that any criminal
proceedings—
(a)
have been instituted in Hong Kong; or
(b)
are likely to be instituted in Hong Kong if evidence is obtained for the purposes of those criminal proceedings by virtue of an order made under this section,
the Court of First Instance may order that a letter of request shall be issued and transmitted in such manner as the Court of First Instance may direct to a court or tribunal specified in the order and exercising jurisdiction in a place outside Hong Kong, requesting such court or tribunal to assist in obtaining evidence for the purposes of those criminal proceedings.
(2)
An order under this section shall specify the evidence to be obtained and, in the case of evidence to be
obtained—
(a)
by the examination of any person as a witness by any means (including by
                    way of a
                    live
                    audio-visual link), the name and particulars of such person or
                    such other particulars by reference to his office or employment as may be
                    sufficient to ascertain his identity; or
(Amended
23 of 2003 s. 16
;
6 of 2025 s. 68
)
(b)
by the production of any document or thing, the nature of such document or thing or a description thereof.
(3)
An application to the Court of First Instance for an order under this section may be made ex parte supported by
affidavit—
(a)
in respect of criminal proceedings referred to in subsection
(1
)(
a)
, by the Secretary for Justice or any person charged with an offence to which such criminal proceedings relate; or
(b)
in respect of criminal proceedings referred to in subsection
(1
)(
b)
, by the Secretary for Justice.
(Amended
L.N. 362 of 1997
)
(4)
A letter of request ordered to be issued by the Court of First Instance under this section shall be issued by
the Registrar
of the High Court (in this Part referred to as
the Registrar
) under the seal of the High Court in such form as may be prescribed by rules of court, or if no such form is prescribed in such form as the Court of First Instance may direct.
(5)
The power to make rules of court under
section 54
of the High Court Ordinance (
Cap. 4
) shall include power to make rules of court with respect to this section (including the procedure to be followed) and for supplementing its provisions.
(6)
A letter of request may be issued under this section in respect of an investigation or ancillary criminal matter as if the investigation or ancillary criminal matter, as the case may be, were criminal proceedings referred to in subsection
(1
)(
a)
and, in such a case, the provisions of
sections 77F
and
77G
shall, with all necessary modifications, operate in relation to any such request as if any references in those provisions to criminal proceedings were references
to—
(a)
where paragraph (a) of the definition of
investigation
is applicable, a prosecution arising out of the investigation to which the request relates;
(b)
where paragraph (b) of the definition of
investigation
is applicable, the ancillary criminal matter to which the request relates;
(c)
in the case of an ancillary criminal matter, the ancillary criminal matter,
and the other provisions of this Ordinance, or of any other Ordinance, which relates, whether directly or indirectly, to the provisions of this Part shall be construed accordingly.
(Added
87 of 1997 s. 36
)
(6A)
In subsection (2
)—
live audio-visual link
(
音視直播聯繫
) has the meaning given by
section
                    2
of the Courts (Remote Hearing) Ordinance
                    (
Cap.
                654
).
(Replaced
6 of 2025 s. 68
. Amended
E.R. 1 of
                    2026
)
(7)
In subsection (6
)—
ancillary criminal matter
(
附帶刑事事宜
) means ancillary criminal matter within the meaning of
section 2
of the Mutual Legal Assistance in Criminal Matters Ordinance (
Cap. 525
);
investigation
(
偵查
) means an
investigation—
(a)
into an offence against a law of Hong Kong; or
(b)
for the purposes of an ancillary criminal matter.
(Added
87 of 1997 s. 36
)