Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 51

Previous statements of witnesses

(Past version on 30/06/1997).

(1) Subject to subsections (2) to (7), the provisions of this Part as to
hearsay evidence in civil proceedings shall apply equally, but with any
necessary modifications, in relation to a previous statement made by a person
called as a witness in the proceedings.

(2) Subject to subsection (3), a party who has called or intends to call a
person as a witness in civil proceedings shall not in those proceedings adduce
evidence of a previous statement made by that person, except-

   (a)  with the leave of the court; or

   (b)  for the purpose of rebutting a suggestion that his evidence has been
        fabricated.

(3) Subsection (2) shall not be construed as preventing a witness statement
(that is, a written statement of oral evidence which a party to the
proceedings intends to lead) from being adopted by a witness in giving
evidence or treated as his evidence.

(4) Subject to subsection (5), where in the case of civil  proceedings
section 12, 13 or 14 applies, this Part shall not authorize the adducing of
evidence of a previous inconsistent or contradictory statement otherwise than
in accordance with those sections.

(5) Subsection (4) is without prejudice to any provision made by
rules of court under section 48.

(6) Nothing in this Part shall affect any of the rules of law as to the
circumstances in which, where a person called as a witness in civil 
proceedings is cross-examined on a document used by him to refresh his memory,
that document may be made evidence in the proceedings.

(7) Nothing in this section shall be construed as preventing a statement of
any description referred to above from being admissible by virtue of
section 47 as evidence of the matters stated. (Replaced 2 of 1999 s. 2) [
cf. 1995 c. 38 s. 6 U.K.]