40
CAP. 8
Evidence
[1984 Ed.
Application of Part IV to statements of opinion.
1972 c. 30, s. I.
Rules with respect to expert reports and oral expert evidence.
1972 c. 30, s. 2.
Admissibility of expert opinion and certain expressions of non-expert opinion. 1972 c. 30, s. 3.
L.N. 155/79.
PART V
EVIDENCE OF OPINION AND EXPERT EVIDENCE
56. (1) Subject to the provisions of this section, Part IV, with the exception of section 50, shall apply in relation to statements of opinion as it applies in relation to statements of fact, subject to the necessary modifications and in particular the modification that any reference to a fact stated in a statement shall be construed as a reference to a matter dealt with therein.
(2) Section 49, as applied by subsection (1) of this section, shall not render admissible in any civil proceedings a statement of opinion contained in a record unless that statement would be admissible in those proceedings if made in the course of giving oral evidence by the person who originally supplied the information from which the record was compiled; but where a statement of opinion contained in a record deals with a matter on which the person who originally supplied the information from which the record was compiled is (or would if living be) qualified to give oral expert evidence, the said section 49, as applied by subsection (1) of this section, shall have effect in relation to that statement as if so much of subsection (1) of that section as requires personal knowledge on the part of that person were omitted.
(49 of 1973, s. 2 incorporated)
57. (1) If and so far as rules so provide, section 47(2) shall not apply to statements (whether of fact or opinion) contained in expert reports.
(2)-(6) [Deleted, 65 of 1980, s. 5]
(7) References in this section to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
(8) [Deleted, 65 of 1980, s. 5]
(49 of 1973, s. 3 incorporated)
58. (1) Subject to any rules, where a person is called as a witness in any civil proceedings, his opinion on any relevant matter on which he is qualified to give expert evidence shall be admissible in evidence. (Amended, 65 of 1980, s. 6)
(2) Where a person is called as a witness in any civil proceedings a statement of opinion by him on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.
Note: Section 56 (formerly section 2 of the Civil Evidence Ordinance 1973) came into operation on 1 July 1979 for the purposes of any civil proceedings (other than proceedings in bankruptcy).