Amendment of section 77F.
2
5.
(3) For the purposes of subsection (1) "former bank" means a bank which is being or has been wound up or dissolved or has otherwise ceased to carry on business as a bank.".
Section 77F of the principal Ordinance is amended-
(a) in subsection (1)—
(i) in paragraph (c) (ii) by inserting after "the original thereof" the following-
", or a copy thereof made by any photographic process,
(ii) in paragraph (d) by inserting after "the original thereof" the following
", or a copy thereof made by any photographic process,";
(b) in subsection (2)(b)—
(i) by inserting after "banking outside Hong Kong," the following-
"or which (having formerly carried on the business of banking outside Hong Kong) is being or has been wound up or dissolved or has otherwise ceased to carry on such business,";
(ii) in sub-paragraph (i) by inserting after "body" the following—
"or, in the case of any such body which is being or has been wound up or dissolved or has otherwise ceased to carry on such business, by any person who is, or is an officer of, a person responsible for administering its affairs".
Explanatory Memorandum
This Bill amends the Evidence Ordinance for the following purposes-- (a) to provide that copies of the records of banks which have gone into liquidation or otherwise ceased to carry on business, whether in Hong Kong or overseas, may be admitted in evidence in criminal proceedings (clauses 2, 3, 4 and 5(b));
(b) to provide that, as an alternative to originals, photographic copies of documents may be annexed to depositions tendered in evidence under
2.
section 77F(1)(c) or (d) in criminal proceedings (clause 5(a)(i) and (ii)).
There are no Public Service staffing or public expenditure implications.
一九八六年訴訟證據(修訂)條例草案
摘要說明
本條例草案對訴訟證據條例作出修訂,從而規定-
(甲) 已在香港或海外清盤或結業銀行的業務紀錄副本,法庭可予接納為刑事
訴訟證據(草案第二、第三、第四條以及第五條(b)段);
(乙) 在刑事訴訟中,有關人士可根據原有條例第七十七F條第(1)款(c)段或 (d)段的規定,把有關文件的影印本或者正本夾附在證供書末,作為呈 堂證據。(草案第五條(a)(i)和(i)節)。
二、
本草案對政府開支和人手需求方面都没有影響。