Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 62

Convictions as evidence in civil proceedings

PART VI

CONVICTIONS AND PRIVILEGE

Convictions, etc. as evidence in civil proceedings

(1) In any civil proceedings the fact that a person has been convicted of an
offence by or before any court in Hong Kong shall, subject to subsection (3),
be admissible in evidence for the purpose of proving, where to do so is
relevant to any issue in those proceedings, that he committed that offence,
whether he was so convicted upon a plea of guilty or otherwise and whether or
not he is a party to the civil proceedings; but no conviction other than a
subsisting one shall be admissible in evidence by virtue of this section.
(Amended 37 of 1984 s. 11)

(2) In any civil proceedings in which by virtue of this section a person is
proved to have been convicted of an offence by or before any court in Hong
Kong- (Amended 37 of 1984 s. 11)

   (a)  he shall be taken to have committed that offence, unless the contrary
        is proved; and

   (b)  without prejudice to the reception of any other admissible evidence
        for the purpose of identifying the facts on which the conviction was
        based, the contents of any document which is admissible as evidence of
        the conviction, and the contents of the information, complaint,
        indictment or charge on which the person in question was convicted,
        shall be admissible in evidence for that purpose.

(3) Nothing in this section shall prejudice the operation of section 64 or any
other enactment whereby a conviction or a finding of fact in any criminal
proceedings is for the purposes of any other proceedings made conclusive
evidence of any fact.

(4) Where in any civil proceedings the contents of any document are admissible
in evidence by virtue of subsection (2), a copy of that document, or of the
material part thereof, purporting to be certified or otherwise authenticated
by or on behalf of the court or authority having custody of that document
shall be admissible in evidence and shall be taken to be a true copy of that
document or part unless the contrary is shown.

(5) Nothing in section 8 of the Probation of Offenders Ordinance ( Cap 298)
(under which a conviction leading to probation or discharge is to be
disregarded except as therein mentioned) shall affect the operation of this
section. (Added 25 of 1969 s. 7) [cf. 1968 c. 64 s. 11 U.K.]