THE HONGKONG GOVERNMENT GAZETTE, 31st JANUARY, 1885. 93
[L.S.]
G. F. BowEN.
No. 3 of 1885.
An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Council thereof, entitled The Bankers' Books Evidence Ordinance, 1885.
BE
[29th January, 1885.]
E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:- 1. Ordinance 7 of 1882 is hereby repealed.
2. Subject to the provisions of this Ordinance a copy of any entry in a banker's book shall in all legal proceedings be received as primâ facie evidence of such entry, and of the matters, transactions, and accounts therein recorded.
3. A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be first proved that the book was at the time of making the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bauk, and may be given orally or by au affidavit sworn before any person authorized to take affidavits.
4. A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original entry and is correct.
Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any person authorized to take affidavits.
5. A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a party, be compelled to produce any banker's book the contents of which can be proved under this Ordinance, or to appear as a witness to prove the matters, transactions or accounts therein recorded, unless by order of a Judge made for special cause.
6. On the application of any party to a legal proceeding a Court or Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of such proceedings. An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the Court or Judge otherwise directs.
7. The cost of any application to a Court or Judge under or for the purposes of this Ordinance, and the cost of any- thing done or to be done under an order of a Court or Judge made under or for the purposes of this Ordinance, shall be in the discretion of the Court or Judge, who may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding.
8. In this Ordinance the expression "bank” shall mean any corporation, company or society established by charter or, under, or by virtue of any act of Parliament or Ordinance lawfully carrying on the business of bankers, or any foreign Banking Company carrying on business in this Colony, and recognized as such for the purposes of this Ordinance by an order of the Governor in Council, published in the Gazette.
Expressions in this Ordinance' relating to "banker's books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank.
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The expression "legal proceeding means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration; the expression “the Court" means the Court, Judge, arbitrator, persons, or per- sou before whom a legal proceeding is held or taken ;
The expression "a Judge " means a judge of the Supreme Court of the Colony of Hongkong.
9. Sunday, Christmas Day, Good Friday, and any bark holiday shall be excluded from the computation of time under this Ordinance.
J. II. STEWArt Lockhart, Acting Clerk of Councils,
Ordinance 7 of 1952 repealed. Copy of entry prime facic
evidence.
Copy to he from ordinary book,
Copy to be ceriiget.
Not compul- sory to produce originel.
Court or Judge may direct copies to be taken.
Costs.
Interpretation
of the terms
*bank,"
"bunker," anal *banker's
books."
Certain dayN excluded from Komputation
of tiule.