Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 60

Interpretation, application to arbitrations etc. and savings

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

(1) In this Part, unless the context otherwise requires, "civil proceedings"
(民事法律程序) includes, in addition to civil proceedings in any court-

   (a)  civil proceedings before any tribunal, being proceedings in relation
        to which the strict rules of evidence apply; and

   (b)  an arbitration or reference, whether under an enactment or not, but
        does not include civil proceedings in relation to which the strict
        rules of evidence do not apply.

(2) In this Part, unless the context otherwise requires-

"court" (法庭、法院) does not include a court-martial, and, in relation
to an arbitration or reference, means the arbitrator or umpire and, in
relation to proceedings before a tribunal (not being a court), means the
tribunal;

"legal proceedings" (法律訴訟程序) includes an arbitration or reference,
whether under an enactment or not; (Amended 65 of 1980 s. 7)

"rules" (規則) means the Rules of the High Court ( Cap 4 sub. leg.) made
under section 54 of the High Court Ordinance ( Cap 4). (Added 65 of 1980 s. 7.
Amended 25 of 1998 s. 2)

(3) For the purposes of the application of section 59 in relation to any such
civil proceedings as are mentioned in subsection (1)(a) or

   (b)  , any rules made under section 54 of the High Court Ordinance ( Cap 4)
        shall (except in so far as their operation is excluded by agreement)
        apply, subject to such modifications as may be appropriate, in like
        manner as they apply in relation to civil proceedings in the Court of
        First Instance. (Amended 65 of 1980 s. 7; 25 of 1998 s. 2; 2 of 1999
        s. 4)

(4) If any question arises as to what are, for the purposes of any such
civil proceedings as are mentioned in subsection (1)(a) or (b), the
appropriate modifications of any such rule as is mentioned in subsection

(3), that question shall, in default of agreement, be determined by the
tribunal or the arbitration or umpire, as the case may be.

(5) Nothing in this Part shall prejudice-

   (a)  any power of a court, in any civil proceedings, to exclude evidence
        (whether by preventing questions from being put or otherwise) at its
        discretion;

   (b)  the operation of any agreement (whenever made) between the parties to
        any civil proceedings as to the evidence which is to be admissible
        (whether generally or for any particular purpose) in those
        proceedings.

(49 of 1973 s. 6 incorporated) [cf. 1972 c. 30 s. 5 U.K.]

"civil proceedings" (民事法律程序)

"court" (法庭、法院)

"legal proceedings" (法律訴訟程序)

"rules" (規則)