Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 46

Interpretation

(Past version on 30/06/1997).

PART IV

HEARSAY EVIDENCE IN CIVIL PROCEEDINGS

In this Part, unless the context otherwise requires-

"civil proceedings" (民事法律程序) means civil proceedings, before any
court, in relation to which strict rules of evidence apply, whether as a
matter of
law or by agreement of the parties, and references to "the court"
(法院、法庭)
and "rules of court" (法院規則) shall be construed accordingly;

"copy" (副本), in relation to a document, means anything onto which
information recorded in the document has been copied, by whatever means and
whether directly or indirectly;

"court" (法院、法庭) includes any tribunal;

"document" (文件) means anything in which information of any description is
recorded;

"hearsay" (傳聞)-

   (a)  means a statement made otherwise than by a person while giving
        oral evidence in the proceedings which is tendered as evidence of the
        matters stated;

   (b)  includes hearsay of whatever degree;

"oral evidence" (口頭證據) includes evidence which, by reason of a defect
of speech or hearing, a person called as a witness gives in writing or by
signs;

"original statement" (原陳述), in relation to hearsay evidence, means the
underlying statement, if any, made by-

   (a)  in the case of evidence of fact, a person having personal knowledge of
        that fact;

   (b)  in the case of evidence of opinion, the person whose opinion it is;

"statement" (陳述) means any representation of fact or opinion, however
made. (Replaced 2 of 1999 s. 2) [ cf. 1995 c. 38 ss. 1(2), 9(4), 11 & 13 U.K.]
___________________________________________________________________ Note: Part
IV came into operation on 1 December 1970 for the purposes of the following
civil proceedings-

   (a)  proceedings (other than proceedings in bankruptcy) in the High Court
        and the District Court;

   (b)  proceedings before any tribunal, other than a court, to which the
        strict rules of evidence apply;

   (c)  arbitrations and references to which the strict rules of evidence
        apply;

   (d)  applications and appeals arising out of the proceedings mentioned in
        paragraphs (a) to (c). (See L.N. 154 of 1970)

"civil proceedings" (民事法律程序)

"the court" (法院、法庭) and "rules of court" (法院規則)

"copy" (副本)

"court" (法院、法庭)

"document" (文件)

"hearsay" (傳聞)

"oral evidence" (口頭證據)

"original statement" (原陳述)

"statement" (陳述)