Hong Kong Ordinances

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCE - SECT 14

Admissibility of evidence given in a reciprocating country

(1) A statement contained in a duly authenticated document which purports to-

   (a)  set out or summarize evidence given in proceedings in a court in a
        reciprocating country; or

   (b)  set out or summarize evidence taken in such a country for the purpose
        of proceedings in a court in Hong Kong under this Ordinance, whether
        in response to a request made by such court or otherwise; or

   (c)  have been received in evidence in proceedings in a court in such a
        country or to be a copy of a document so received, shall in any
        proceedings in a court in Hong Kong relating to a maintenance  order
        to which this Ordinance applies be admissible as evidence of any fact
        stated therein to the same extent as oral evidence of that fact is
        admissible in those proceedings. (Amended 61 of 1981 s. 6)

(2) A document purporting to set out or summarize evidence given as mentioned
in subsection (1)(a), or taken as mentioned in subsection

(1)(b), shall be deemed to be duly authenticated for the purposes of
subsection (1) if the document purports to be certified by the judge,
magistrate or other person before whom the evidence was given, or, as the case
may be, by whom it was taken, to be the original document containing or
recording, or, as the case may be, summarizing, that evidence or a true copy
of that document.

(3) A document purporting to have been received in evidence as mentioned in
subsection (1)(c), or to be a copy of a document so received, shall be deemed
to be duly authenticated for the purposes of that subsection if the document
purports to be certified by a judge, magistrate or officer of the court in
question to have been, or to be a true copy of a document which has been, so
received.

(4) It shall not be necessary in any such proceedings to prove the signature
or official position of the person appearing to have given such a certificate.

(5) Nothing in this section shall prejudice the admission in evidence of any
document which is admissible in evidence apart from this section. [cf. 1972 c.
18 s. 13 U.K.]