Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 3

Incompetency from immature age or unsoundness of mind

PART II

ADMISSIBLE WITNESSES AND EVIDENCE

The following persons only shall be incompetent to give evidence in any
proceedings-

*(a) (Repealed 70 of 1995 s. 2)

   (b)  persons of unsound mind, who, at the time of their examination, appear
        incapable of receiving just impressions of the facts respecting which
        they are examined or of relating them truly; and no person who is
        known to be of unsound mind shall be liable to be summoned as a
        witness without the consent previously obtained of the court or person
        before whom his attendance is required.
        ___________________________________________________________________
        Note:

* Please note section 1(2) of 70 of 1995. It reads as follows- "Sections 2 and
3 do not apply in relation to-

   (a)  any trial; or

   (b)  any committal proceedings within the meaning of section 71A of the
        Magistrates Ordinance ( Cap 227), that commenced before the
        commencement of this Ordinance.".

70 of 1995 commenced operation on 28 July 1995.