A
THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1939.
instrument
to validity of which
28C. Subject as hereinafter in this Part provided, in any Proof of proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive :
Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.
attestation is necessary.
tions as to documents
28D. In any proceedings, whether civil or criminal, Presump there shall, in the case of a document proved, or purporting, to be not less than twenty years old, be made any presumption twenty which immediately before the 24th day of March, 1939, years old. would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old.
28E. The court may at any stage of any proceedings by order direct that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be duced for that purpose.
pro-
Power to
order proof of specified facts by
affidavit with or without attendance of deponent.
Interpreta- tion and
28F (1) In sections 28A, 28B, 28C, 28D and 28E- "document" includes books, maps, plans, drawings savings. and photographs;
"statement" includes any representation of fact, whether made in words or otherwise;
"proceedings" includes arbitrations and references, and "court" shall be construed accordingly.
(2) Nothing in sections 28A, 28B, 28C, 28D or 28E shall
(a) prejudice the admissibility of any evidence which would apart from the provisions of the said sections be admissible; or
(b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if the said sections had not been enacted.
3. Sub-section (1) of section 26 of the Evidence Ordin- Repeal of ance, 1889, is repealed.
Passed the Legislative Council of Hong Kong, this 23rd day of March, 1939.
Ordinance No. 2 of 1889,
s. 26 (1).
B. C. K. HAWKINS,
Deputy Clerk of Councils.
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