Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 59

Evidence of foreign law

(Past version on 30/06/1997).

(1) A person who is suitably qualified to do so on account of his knowledge or
experience is competent to give, in civil proceedings, expert evidence as to
the law of any country or territory outside Hong Kong, irrespective of whether
he has acted or is entitled to act as a legal practitioner there.

(2) Where any question as to the law of any country or territory outside Hong
Kong with respect to any matter has been determined (whether before or after
the commencement of this Part) in any such proceedings as are mentioned in
subsection (4), then in any civil proceedings (not being proceedings before a
court which can take judicial notice of the law of that country or territory
with respect to that matter)-

   (a)  any finding made or decision given on that question in the
        first-mentioned proceedings shall, if reported or recorded in citable
        form, be admissible in evidence for the purpose of proving the law of
        that country or territory with respect to that matter; and

   (b)  if that finding or decision, as so reported or recorded, is adduced
        for that purpose, the law of that country or territory with respect to
        that matter shall be taken to be in accordance with that finding or
        decision unless the contrary is proved: Provided that paragraph (b)
        shall not apply in the case of a finding or decision which conflicts
        with another finding or decision on the same question adduced by
        virtue of this subsection in the same proceedings.

(3) Except with the leave of the court, a party to any civil  proceedings
shall not be permitted to adduce any such finding or decision as is mentioned
in subsection (2) by virtue of that subsection unless he has in accordance
with rules given to every other party to the proceedings notice that he
intends to do so.

(4) The proceedings referred to in subsection (2) are the following, whether
civil or criminal, namely-

   (a)  proceedings at first instance in the High Court or in the Supreme
        Court of England as constituted by section 1 of the Courts Act 1971
        (1971 c. 23 U.K.);

   (b)  appeals arising out of proceedings as are mentioned in paragraph (a);

   (c)  proceedings before the Court of Final Appeal. (Replaced 79 of 1995 s.
        50)

(5) For the purposes of this section a finding or decision on any such
question as is mentioned in subsection (2) shall be taken to be reported or
recorded in citable form if, but only if, it is reported or recorded in
writing in a report, transcript or other document which, if that question had
been a question as to the law of Hong Kong, could be cited as an authority in
legal proceedings in Hong Kong.

(49 of 1973 s. 5 incorporated. Amended 37 of 1984 s. 11) [cf. 1972 c. 30 s. 4
U.K.]
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______ Note: Section 59(2) to (5) (formerly section 5(2) to (5) of the Civil
Evidence Ordinance 1973) came into operation on 1 July 1979 for the purposes
of any civil proceedings (other than proceedings in bankruptcy). (See L.N. 155
of 1979)