Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 52

Evidence formerly admissible at common law

(Past version on 30/06/1997).

(1) The common law rule effectively preserved by section 54(1) and

(2)(a) of this Ordinance (admissibility of admissions adverse to a party) as
in force immediately before the relevant day is superseded by the provisions
of this Part.

(2) The common law rules effectively preserved by section 54(1) and

(2)(b) to (d) of this Ordinance as in force immediately before the
relevant day, that is, any rule of law whereby in civil proceedings-

   (a)  published works dealing with matters of a public nature (for example,
        histories, scientific works, dictionaries and maps) are admissible as
        evidence of facts of a public nature stated therein;

   (b)  public documents (for example, public registers, and returns made
        under public authority with respect to matters of public interest) are
        admissible as evidence of facts stated therein; or

   (c)  records (for example, the records of certain courts, treaties, Crown
        grants or Government grants, pardons and commissions) are admissible
        as evidence of facts stated therein, shall continue to have effect.

(3) The common law rules effectively preserved by section 54(3) and

(4) of this Ordinance as in force immediately before the relevant day, that
is, any rule of law whereby in civil proceedings-

   (a)  evidence of a person's reputation is admissible for the purpose of
        proving his good or bad character; or

   (b)  evidence of-

        (i)    reputation or family tradition is admissible for the purpose of
               proving or disproving pedigree or the existence of a marriage;
               or

        (ii)   reputation is admissible for the purpose of proving or
               disproving the existence of any public or general right or of
               identifying any person or thing, shall continue to have effect
               in so far as they authorize the court to treat such evidence as
               proving or disproving that matter: Provided that where any such
               rule applies, reputation or family tradition shall be treated
               for the purposes of this Part as a fact and not as a statement
               or multiplicity of statements about the matter in question.

(4) The words in which a rule of law mentioned in this section is described
are intended only to identify the rule and shall not be construed as altering
it in any way.

(5) In this section, "relevant day" (有關日期) means the day on which
section 2 of the Evidence (Amendment) Ordinance 1999 (2 of 1999) comes into
operation. (Replaced 2 of 1999 s. 2) [ cf. 1995 c. 38 s. 7 U.K.]

"relevant day" (有關日期)