Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 63

Findings of adultery as evidence in civil proceedings

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) In any civil proceedings the fact that a person has been found guilty of
adultery in any matrimonial proceedings 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 civil proceedings, that he committed the adultery to
which the finding relates, whether or not he offered any defence to the
allegation of adultery and whether or not he is a party to the
civil proceedings; but no finding other than a subsisting one shall be
admissible in evidence by virtue of this section.

(2) In any civil proceedings in which by virtue of this section a person is
proved to have been found guilty of adultery as mentioned in subsection (1)-

   (a)  he shall be taken to have committed the adultery to which the finding
        relates, 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 finding was
        based, the contents of any document which was before the court, or
        which contains any pronouncement of the court, in the
        matrimonial proceedings in question shall be admissible in evidence
        for that purpose.

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

(4) Section 62(4) shall apply for the purposes of this section as if the
reference to subsection (2) were a reference to subsection (2) of this
section.

(5) In this section "matrimonial proceedings" (婚姻法律程序) means any
matrimonial cause in the High Court or any appeal arising out of any such
cause. (Amended 25 of 1998 s. 2) (Added 25 of 1969 s. 7) [cf. 1968 c. 64 s. 12
U.K.]

"matrimonial proceedings" (婚姻法律程序)