Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 54

Proof of records of business or public body

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) A document which is shown to form part of the records of a business or
public body may be received in evidence in civil proceedings without further
proof.

(2) A document shall be taken to form part of the records of a business or
public body if there is produced to the court a certificate of that effect
signed by an officer of the business or body to which the records belong.

(3) For the purposes of subsection (2)-

   (a)  a document purporting to be a certificate signed by an officer of a
        business or public body shall be deemed to have been duly given by
        such an officer and signed by him; and

   (b)  a certificate shall be treated as signed by a person if it purports to
        bear his signature or a facsimile of his signature.

(4) In this section-

"business" (業務) includes any activity regularly carried on over a period
of time, whether for profit or not, by any body (whether corporate or not) or
by an individual;

"officer" (高級人員) includes any person occupying a responsible position
in relation to the relevant activities of the business or public body or in
relation to its records;

"public body" (公共機構) includes any executive, legislative, municipal,
or urban council, any Government department or undertaking, any local or
public authority or undertaking, any board, commission, committee or other
body whether paid or unpaid appointed by the Chief Executive or the Government
or which has power to act in a public capacity under or for the purposes of
any enactment;

"records" (紀錄) means records in whatever form, and includes
computer-generated records.

(5) The court may, having regard to the circumstances of the case, direct that
all or any of the provisions of this section do not apply in relation to a
particular document or record, or description of documents or records.
(Replaced 2 of 1999 s. 2) [ cf. 1995 c. 38 s. 9 U.K.]

"business" (業務)

"officer" (高級人員)

"public body" (公共機構)

"records" (紀錄)