Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 68

Interpretation and savings of Parts IV and VI

Caution: This is a past version. See the current version here.

General

(1) In Part IV and 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 other 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 Part IV and 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.

(3) For the avoidance of doubt it is declared that in Part IV and this Part,
and in any amendment made by the Evidence (Amendment) Ordinance 1969 (25 of
1969) to any other enactment, references to a person's husband or wife do not
include references to a person who is no longer married to that person.

(4) Nothing in Part IV or this Part shall prejudice the operation of any
enactment which provides (in whatever words) that any answer or evidence given
by a person in specified circumstances shall not be admissible in evidence
against him or some other person in any proceedings or class of proceedings
(however described). In this subsection the reference to giving evidence is a
reference to giving evidence in any manner, whether by furnishing information,
making discovery, producing documents or otherwise.

(5) Nothing in Part IV or this Part shall prejudice-

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

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

(6) Where, by reason of any defect of speech or hearing from which he is
suffering, a person called as a witness in any legal proceedings gives his
evidence in writing or by signs, that evidence is to be treated for the
purposes of Part IV or this Part as being given orally. (Added 25 of 1969 s.
7)
[cf. 1968 c. 64 s. 18 U.K.] "civil proceedings" (民事法律程序) "court"
(法庭、法院) "legal proceedings" (法律訴訟程序)