Chapter Number and Title of Enactment

Chapter:

8Title:EVIDENCE ORDINANCE

Download CAP 8 EVIDENCE ORDINANCE [format: PDF].

: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.

Table of contents of enactment:
Cap 8 Long title
Cap 8 Part IPRELIMINARY
Cap 8 s 1Short title
Cap 8 s 2Interpretation
Cap 8 Part IIADMISSIBLE WITNESSES AND EVIDENCE
Cap 8 s 3Incompetency from immature age or unsoundness of mind
Cap 8 s 4Evidence given by children
Cap 8 s 4AAbolition of corroboration rule in respect of evidence given by a child
Cap 8 s 4BAbolition of corroboration rule in respect of sexual offences
Cap 8 s 5Evidence of parties
Cap 8 s 6Evidence of husband and wife
Cap 8 s 7Privilege of husband and wife
Cap 8 s 8Evidence of access
Cap 8 s 9No incapacity from crime or interest
Cap 8 s 10Exception as to defendant in criminal proceedings
Cap 8 s 11Evidence of parties and their husbands and wives in proceedings for adultery
Cap 8 s 12Discrediting a witness
Cap 8 s 13Proof of contradictory statement of adverse witness
Cap 8 s 14Cross-examination as to previous statement in writing
Cap 8 s 15Proof of conviction and previous conviction for indictable offence
Cap 8 s 16Attesting witness need not be called
Cap 8 s 17Comparison of disputed with genuine writing
Cap 8 s 17AEvidence in criminal proceedings to prove unrecorded event did not happen
Cap 8 Part IIIADMISSIBLE DOCUMENTS
Cap 8 s 18Copy of document of public nature
Cap 8 s 19Official documents
Cap 8 s 19ACertificate in criminal proceedings in respect of foreign documents
Cap 8 s 19AAEvidence of signature or fiat, etc.
Cap 8 s 19BCertificate in criminal proceedings of designation of foreign bank
Cap 8 s 19CPrivilege relating to sections 19A and 19B
Cap 8 s 20Copy of entry in banker's record
Cap 8 s 20AApplication of section 20 to banks that have ceased business
Cap 8 s 21Court or judge may direct copies of entries in banker's record to be taken
Cap 8 s 22Evidence in criminal proceedings from documentary records
Cap 8 s 22ADocumentary evidence in criminal proceedings from computer records
Cap 8 s 22BProvisions supplementary to sections 22 and 22A
Cap 8 s 23Copy of records of Hong Kong Observatory
Cap 8 s 24Certificate of accuracy of chronometer
Cap 8 s 24ACertificate of accuracy of apparatus designed and used for ascertaining the speed of a vessel
Cap 8 s 25Government Chemist's certificates
Cap 8 s 26Certificates as to photographic process
Cap 8 s 27Certified translations of documents
Cap 8 s 28Certificates of accuracy of speedometers and radar and weighing devices
Cap 8 s 29Certificate of posting of documents
Cap 8 s 29ACertified transcripts of tape recordings
Cap 8 s 30Computation of time
Cap 8 s 31Proof of foreign or colonial act of state, judgment, etc.
Cap 8 s 32Proof of statutes of Commonwealth Country
Cap 8 s 33Swearing of answer, etc., in High Court in England, etc.
Cap 8 s 34Admissibility of document having seal and signature of British ambassador, etc.
Cap 8 s 35Proof of various matters in civil proceedings
Cap 8 s 36Effect of notices in Gazette
Cap 8 s 37Admissibility of document filed in foreign court or consulate
Cap 8 s 38Courts to take judicial notice of signature of judges, etc.
Cap 8 s 39Prints of films of public documents
Cap 8 s 40Prints from films of Government documents, etc.
Cap 8 s 41Interpretation
Cap 8 s 42Proof of instrument to validity of which attestation is necessary
Cap 8 s 43Presumptions as to documents 20 years old
Cap 8 s 44Power to order proof of specified facts by affidavit with or without attendance of deponent
Cap 8 s 45Interpretation and savings
Cap 8 Part IVHEARSAY EVIDENCE IN CIVIL PROCEEDINGS
Cap 8 s 46Interpretation
Cap 8 s 47Admissibility of hearsay evidence
Cap 8 s 47ANotice of proposal to adduce hearsay evidence
Cap 8 s 48Power to call witness for cross-examination on hearsay statement, etc.
Cap 8 s 49Considerations relevant to weighing of hearsay evidence
Cap 8 s 50Competence and credibility
Cap 8 s 51Previous statements of witnesses
Cap 8 s 52Evidence formerly admissible at common law
Cap 8 s 53Proof of statements contained in documents
Cap 8 s 54Proof of records of business or public body
Cap 8 s 55Statement not contained in business records
Cap 8 s 55AProvisions as to rules of court
Cap 8 s 55BSavings
Cap 8 Part VEVIDENCE OF OPINION AND EXPERT EVIDENCE
Cap 8 s 56(Repealed 2 of 1999 s. 3)
Cap 8 s 57(Repealed 2 of 1999 s. 3)
Cap 8 s 58Admissibility of expert opinion and certain expressions of non-expert opinion
Cap 8 s 59Evidence of foreign law
Cap 8 s 60Interpretation, application to arbitrations etc. and savings
Cap 8 s 61(Repealed 65 of 1980 s. 8)
Cap 8 Part VICONVICTIONS AND PRIVILEGE
Cap 8 s 62Convictions as evidence in civil proceedings
Cap 8 s 63Findings of adultery as evidence in civil proceedings
Cap 8 s 64Conclusiveness of convictions for purposes of defamation actions
Cap 8 s 65Privilege against incrimination of self or spouse
Cap 8 s 65APrivilege against incrimination of self or spouse in criminal proceedings
Cap 8 s 66Abolition of certain privileges
Cap 8 s 67Consequential amendments relating to privilege
Cap 8 s 68Interpretation and savings of Part VI
Cap 8 s 69Rules
Cap 8 Part VIIDEPOSITIONS
Cap 8 s 70Admissibility in evidence in criminal proceedings of deposition of person dead, etc.
Cap 8 s 71Prima facie proof of examination having been duly taken
Cap 8 s 72Objection that deposition tendered was not signed by magistrate
Cap 8 s 73Power to take deposition of person dangerously ill, etc., and admissibility thereof
Cap 8 Part VIIIEVIDENCE FOR PROCEEDINGS IN OTHER JURISDICTIONS
Cap 8 s 74Interpretation
Cap 8 s 75Application to the Court of First Instance for assistance in obtaining evidence for civil proceedings in another court
Cap 8 s 76Power of a court in Hong Kong to give effect to an application for assistance
Cap 8 s 77Privilege of witnesses
Cap 8 s 77AEffect of subpoena
Cap 8 s 77BPower of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court
Cap 8 s 77CRules of court
Cap 8 s 77DSaving
Cap 8 Part VIIIAOBTAINING OF EVIDENCE IN OTHER JURISDICTIONS FOR USE IN CRIMINAL PROCEEDINGS IN HONG KONG
Cap 8 s 77EIssue of letter of request to obtain evidence in criminal proceedings
Cap 8 s 77FAdmissibility in criminal proceedings of evidence obtained pursuant to letter of request
Cap 8 s 77GProvisions supplementary to sections 77E and 77F
Cap 8 Part IXMISCELLANEOUS*
Cap 8 s 78Impounding of forged document or false instrument admitted in evidence
Cap 8 s 79Admissibility of certain medical notes and reports
Cap 8 s 80Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial
Cap 8 s 81Warrant or order to bring up prisoner to give evidence
Cap 8 s 82Saving as to Wills Act 1837
Cap 8 SCHEDULE




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