Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 20

Copy of entry in banker's record

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Subject to this section, a copy of any entry or matter recorded in a
banker's record shall, on its production without further proof, be admitted in
any proceedings as prima facie evidence of the matters, transactions and
accounts therein recorded if-

   (a)  it is proved-

        (i)    that such entry was made or matter recorded in the ordinary
               course of business; and

        (ii)   that such record is in the custody or control of the bank; and

   (b)  except in the case of a copy made by any photographic process and
        subject to subsection (3), it is proved by some person who has
        examined the copy with the original entry, that the copy has been
        examined with the original entry and is correct.

(2) A bank or officer of a bank shall not, in any proceedings other than
proceedings instituted by or against the bank, be compelled to produce any
banker's record the contents of which can be proved under this section, or to
appear as a witness to prove the matters, transactions or accounts therein
recorded, except-

   (a)  in civil proceedings, by order of a judge made for special cause;

   (b)  in criminal proceedings, by order of the court of trial.

(3) In the case of a banker's record kept by means of a computer, it shall not
be necessary to prove the matters referred to in subsection

(1)(b) in relation to a document produced by the computer which is tendered in
evidence under this section as a copy of a matter recorded therein if
(subject, in the case of civil proceedings, to any rules of court made under
section 54 of the High Court Ordinance ( Cap 4) with respect to this
subsection) it is proved- (Amended 25 of 1998 s. 2)

   (a)  that the document was so produced under the direction of a person
        having practical knowledge of and experience in the use of computers
        as a means of storing, processing or retrieving information;

   (b)  that during the period when the computer was used for the purpose of
        keeping such record, appropriate measures were in force for preventing
        unauthorized interference with the computer; and

   (c)  that during that period, and at the time that the document was
        produced by the computer, the computer was operating properly or, if
        not, that any respect in which it was not operating properly or was
        out of operation was not such as to affect the production of the
        document or the accuracy of its contents,
and for the purposes of this subsection "computer" (電腦) has the same
meaning as in section 22A.

(4) In any proceedings, the matters referred to in subsection

(1)(a) and (b) and (3)(a), (b) and (c) in relation to a banker's record may be
proved, orally or by affidavit, by any officer of the bank, and any such
affidavit shall, on its production without further proof, be admitted in
evidence and may include an explanation of the contents of the copy of any
entry or matter recorded in such banker's record which is tendered in evidence
or any abbreviations, symbols or other markings appearing in such copy that
may be relevant in the proceedings, and a description of the banker's record,
its nature and use, and the procedures followed in keeping it; and for the
purposes of this subsection it shall be sufficient for a matter referred to in
subsection (1)(a)(i) or (3)(c) to be stated in an affidavit to the best of the
knowledge and belief of the person making the affidavit.

(5) In relation to any criminal proceedings-

   (a)  this section shall apply to any document or record used in the
        ordinary business of a body designated by the Financial Secretary
        under section 19B(1) for the purposes of such criminal proceedings as
        it applies to a banker's record, and a reference in this section to a
        bank shall, in its application to such document or record, be
        construed as a reference to the body so designated; but (Amended 67 of
        1986 s. 3)

   (b)  this section shall not apply to any document or record used-

        (i)    by a deposit-taking company or restricted licence bank which is
               a company registered under Part I or IX of the
               Companies Ordinance ( Cap  32);

        (ii)   by a deposit-taking company or restricted licence bank which is
               a company to which Part XI of that Ordinance applies if such
               document or record is used in its ordinary business in Hong
               Kong,
and for the purposes of this paragraph "deposit-taking company or restricted
licence bank" (接受存款公司或有限制牌照銀行) means a company
which is required by the Banking Ordinance ( Cap 155) to be authorized
thereunder as a deposit-taking company or restricted licence bank. (Amended 27
of 1986 s. 137; 3 of 1990 s. 55; 49 of 1995 s. 53) (Replaced 37 of 1984 s. 5)

"computer" (電腦)

"deposit-taking company or restricted licence bank"
(接受存款公司或有限制牌照銀行)