Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 47A

Notice of proposal to adduce hearsay evidence

(1) Provision may be made by rules of court-

   (a)  specifying hearsay evidence in relation to which subsection (2) shall
        apply; and

   (b)  as to the manner in which (including the time within which) the duties
        imposed by that subsection shall be complied with in the cases where
        it does apply.

(2) A party proposing to adduce in civil proceedings hearsay evidence which
falls within subsection (1)(a) shall, subject to subsections (3) and (4), give
to the other party or parties to the proceedings-

   (a)  such notice, if any, of that fact; and

   (b)  on request, such particulars of or relating to the evidence, as is
        reasonable and practicable in the circumstances for the purpose of
        enabling him or them to deal with any matters arising from its being
        hearsay.

(3) Subsection (2) may be excluded by agreement of the parties, and compliance
with the duty to give notice may in any case be waived by the person to whom
notice is required to be given.

(4) A failure to comply with subsection (2), or with rules under subsection
(1)(b), shall not affect the admissibility of the evidence but may be taken
into account by the court-

   (a)  in considering the exercise of its powers with respect to the course
        of proceedings and costs; and

   (b)  as a matter adversely affecting the weight to be given to the evidence
        in accordance with section 49. (Added 2 of 1999 s. 2) [ cf. 1995 c. 38
        s. 2 U.K.]