38
CAP. 8]
Evidence
[1984 Ed.
(25 of 1969.)
Interpretation of sections 46 to 54 and application to arbitrations, etc.
1968 c. 64, s. 10.
In this subsection "admission" includes any representation of facts, whether made in words or otherwise.
(3) In any civil proceedings a statement which tends to establish reputation or family tradition with respect to any matter and which, if the Evidence (Amendment) Ordinance 1969 had not been enacted, would have been admissible in evidence by virtue of any rule of law mentioned in subsection (4)—
(a) shall be admissible in evidence by virtue of this paragraph in so far as it is not capable of being rendered admissible under section 47 or 49; and
(b) if given in evidence under this Part (whether by virtue of paragraph (a) or otherwise) shall by virtue of this paragraph be admissible as evidence of the matter reputed or handed down:
and, without prejudice to paragraph (b), reputation shall for the purposes of this Part be treated as a fact and not as a statement or multiplicity of statements dealing with the matter reputed.
(4) The rules of law referred to in subsection (3) are the following, that is to say any rule of law-
(a) whereby in any civil proceedings evidence of a person's reputation is admissible for the purpose of establishing his good or bad character;
(b) whereby in any civil proceedings involving a question of pedigree or in which the existence of a marriage is in issue evidence of reputation or family tradition is admissible for the purpose of proving or disproving pedigree or the existence of the marriage, as the case may be; or
(c) whereby in any civil proceedings evidence of reputation is admissible for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing.
(5) In so far as any statement is admissible in any civil proceedings by virtue of subsection (1) or (3)(a), it may be given in evidence in those proceedings notwithstanding anything in sections 47 to 52 or in any rules. (Amended, 65 of 1980, s. 3)
(6) The words in which any rule of law mentioned in subsection (2) or (4) is there described are intended only to identify the rule in question and shall not be construed as altering that rule in any way.
(Added, 25 of 1969, s. 6)
55. (1) In this Part, unless the context otherwise requires-
"computer" has the meaning assigned by section 50;
"document" includes, in addition to a document in writing-
(a) any map, plan, graph or drawing;
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