Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 17A

Evidence in criminal proceedings to prove unrecorded event did not happen

(1) Where in any criminal proceedings the happening of an event of any
description is relevant, and it is proved that a system has been followed
whereby a person acting under a duty has compiled a record of the happening of
all events of that description, evidence that there is no record of the
happening of the event in question shall be admitted as prima facie evidence
to prove that the event did not happen.

(2) This section shall not apply to any record compiled in connexion with any
criminal proceedings or with any investigation relating or leading to any
criminal proceedings.

(3) Where evidence is tendered under this section, the court may require that
the whole or part of the record concerned be produced and, in default, may
reject the evidence or, if it has been received, exclude it.

(4) Any reference in this section to a person acting under a duty includes a
reference to a person acting in the course of any occupation in which he is
engaged or employed or for the purposes of any paid or unpaid office held by
him. (Added 37 of 1984 s. 3)