Cap 8 s 20 Copy of entry in banker's record (EVIDENCE ORDINANCE)

Contents of Section

Chapter:	8	Title:	EVIDENCE ORDINANCE	Gazette Number:	25 of 1998
Section:	20	Heading:	Copy of entry in banker's record	Version Date:	01/07/1997

Remarks:

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

(1) Subject to this section, a copy of any entry or matter recorded in a banker's record shall, on its production without further proof, be admitted in any proceedings as prima facie evidence of the matters, transactions and accounts therein recorded if-

(a) it is proved-

(i) that such entry was made or matter recorded in the ordinary course of business; and

(ii) that such record is in the custody or control of the bank; and

(b) except in the case of a copy made by any photographic process and subject to subsection (3), it is proved by some person who has examined the copy with the original entry, that the copy has been examined with the original entry and is correct.

(2) A bank or officer of a bank shall not, in any proceedings other than proceedings instituted by or against the bank, be compelled to produce any banker's record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions or accounts therein recorded, except-

(a) in civil proceedings, by order of a judge made for special cause;

(b) in criminal proceedings, by order of the court of trial.

(3) In the case of a banker's record kept by means of a computer, it shall not be necessary to prove the matters referred to in subsection (1)(b) in relation to a document produced by the computer which is tendered in evidence under this section as a copy of a matter recorded therein if (subject, in the case of civil proceedings, to any rules of court made under section 54 of the High Court Ordinance (Cap 4) with respect to this subsection) it is proved- (Amended 25 of 1998 s. 2)

(a) that the document was so produced under the direction of a person having practical knowledge of and experience in the use of computers as a means of storing, processing or retrieving information;

(b) that during the period when the computer was used for the purpose of keeping such record, appropriate measures were in force for preventing unauthorized interference with the computer; and

(c) that during that period, and at the time that the document was produced by the computer, the computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents,

and for the purposes of this subsection "computer" (電腦) has the same meaning as in section 22A.
(4) In any proceedings, the matters referred to in subsection (1)(a) and (b) and (3)(a), (b) and (c) in relation to a banker's record may be proved, orally or by affidavit, by any officer of the bank, and any such affidavit shall, on its production without further proof, be admitted in evidence and may include an explanation of the contents of the copy of any entry or matter recorded in such banker's record which is tendered in evidence or any abbreviations, symbols or other markings appearing in such copy that may be relevant in the proceedings, and a description of the banker's record, its nature and use, and the procedures followed in keeping it; and for the purposes of this subsection it shall be sufficient for a matter referred to in subsection (1)(a)(i) or (3)(c) to be stated in an affidavit to the best of the knowledge and belief of the person making the affidavit.
(5) In relation to any criminal proceedings-

(a) this section shall apply to any document or record used in the ordinary business of a body designated by the Financial Secretary under section 19B(1) for the purposes of such criminal proceedings as it applies to a banker's record, and a reference in this section to a bank shall, in its application to such document or record, be construed as a reference to the body so designated; but (Amended 67 of 1986 s. 3)

(b) this section shall not apply to any document or record used-

(i) by a deposit-taking company or restricted licence bank which is a company registered under Part I or IX of the Companies Ordinance (Cap 32);

(ii) by a deposit-taking company or restricted licence bank which is a company to which Part XI of that Ordinance applies if such document or record is used in its ordinary business in Hong Kong,

and for the purposes of this paragraph "deposit-taking company or restricted licence bank" (

接受存款公司或有限制牌照銀行

) means a company which is required by the Banking Ordinance (Cap 155) to be authorized thereunder as a deposit-taking company or restricted licence bank. (Amended 27 of 1986 s. 137; 3 of 1990 s. 55; 49 of 1995 s. 53)

(Replaced 37 of 1984 s. 5)