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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.
GOVERNMENT NOTIFICATION.-No. 50.
The following Bill, which was read a first time at a Meeting of the Legislative Council held this day, is published for general information.
By His Excellency's Command,
Council Chamber, Hongkong, 8th February, 1882.
Short title.
Interpretation
$22426
Entries in books by affi- davit admis- sible in evi- dence.
Originals need not be pro- duced.
Proviso as to notice to nar- ties in a suit.
A BILL
ENTITLED
An Ordinance enacted by the Governor of Hong- kong with the advice of the Legislative Council. thereof, to amend the Law with reference to Bankers' Books Evidence.
W
HEREAS serious inconvenience may be occasioned to bankers and also to the public by reason of the removal of the ledgers and other account books from the banks for the purpose of being produced in legal proceed- ings; And whereas it is expedient to facilitate the proof of the transactions recorded in such ledgers and account books: be it therefore enacted by the Governor of Hongkong with the advice of the Legislative Council thereof, as follows:--- I. This Ordinance may be cited for all purposes as the Bankers' Books Evidence Ordinance 1882.
II. The word "bank" in this Ordinance shall mean any body Corporate Company or Society which now is or here- after may be established by charter or by under or by virtue of any act of Parliament or Ordinance.
The words "legal proceedings" in this Ordinance shall include all proceedings, whether preliminary or final, in Courts of justice, both criminal and civil, legal and equitable, and shall include all proceedings, whether preliminary or final, by way of arbitration, examination of witnesses, assessment of damages, compensation, or otherwise, in which there is power to administer an oath.
The words "the Court" in this Ordince shall mean the Court, Judge, Magistrate, arbitrators, or other person authorised to preside over the said legal proceedings for the time being, and shall include all persons, judges, or officers having jurisdiction and authorised to preside over or to exercise judicial control over the said legal proceedings or the procedure or any steps therein.
III. From and after the commencement of this Ordinance the entries in ledgers, day books, cash books, and other account books of any bank shall be admissible in all legal proceedings as primâ facic evidence of the matters, trans- actions, and accounts recorded therein on proof being given by the affidavit in writing of one of the partners, managers, or officers of such bank, or by other evidence that such ledgers, day books, cash books, or other account books are or have been the ordinary books of such bank, and that the said entries have been made in usual or ordinary course of business, and that such books are in or come immediately from the custody or control of such bank. Nothing in this clause contained shall apply to any legal proceeding to which any bank whose ledgers, day books, cash books, and other account books may be required to be produced in evidence shall be a party.
IV. Copies of all entries in any ledgers, day books, cash books or other account books used by any such bank may be proved in all legal proceedings as evidence of such en- tries without production of the originals, by means of the affidavit of a person who has examined the same, stating the fact of said examination, and that the copies sought to be put in evidence are correct.
V. Provided always, that no ledger, day book, cash book, or other account book of any such bank, and no copies of entries therein contained, shall be adduced or received in evidence under this Ordinance unless five days' notice in writing, or such other notice as may be ordered by the Court, containing a copy of the entries proposed to be adduced and of the intention to adduce the same in evidence, shall have been given by the party proposing to adduce the same in evidence to the other party or parties to the said legal proceeding, and that such other party or parties is or are at liberty to inspect the original entries and the accounts of which such entries form a part,
ARATHOON SETH, Clerk of Councils.