Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 22B

Provisions supplementary to sections 22 and 22A

(1) Where in any criminal proceedings a statement contained in a document is
admissible in evidence by virtue of section 22 or 22A, it may be proved by the
production of that document or (whether or not that document is still in
existence) by the production of a copy of that document or of the material
part thereof.

(2) Where in any criminal proceedings a statement contained in a document is
admitted in evidence by virtue of section 22 or 22A, the court may draw any
reasonable inference from the circumstances in which the statement was made or
otherwise came into being or from any other circumstances, including the form
and contents of the document in which the statement is contained.

(3) In estimating the weight, if any, to be attached to a statement admitted
in evidence by virtue of section 22 or 22A, regard shall be had to all the
circumstances from which any inference can reasonably be drawn as to the
accuracy or otherwise of the statement and, in particular-

   (a)  in the case of a statement falling within section 22, to the question
        whether or not the person who supplied the information from which the
        record containing the statement was compiled did so contemporaneously
        with the occurrence or existence of the facts dealt with in that
        information, and to the question whether or not that person, or any
        person concerned with compiling or keeping the record containing the
        statement, had any incentive to conceal or misrepresent the facts; and

   (b)  in the case of a statement falling within section 22A, to the question
        whether or not the information which the information contained in the
        statement reproduces or is derived from was supplied to the relevant
        computer, or recorded for the purpose of being supplied to it,
        contemporaneously with the occurrence or existence of the facts dealt
        with in that information, and to the question whether or not any
        person concerned with the supply of information to that computer, or
        with the operation of that computer or any equipment by means of which
        the document containing the statement was produced by it, had any
        incentive to conceal or misrepresent the facts.

(4) In sections 22 and 22A and this section "document" (文件), "copy"
(副本) and "statement" (陳述) have the same meaning as in Part IV.

(5) Nothing in section 22 or 22A shall prejudice the admissibility of any
evidence that would be admissible apart from that section. (Added 37 of 1984
s. 7)

"document" (文件), "copy" (副本) and "statement" (陳述)