44
CAP. 8]
(Cap. 298.)
Findings of adultery as evidence in civil proceedings.
[cf. 1968 c. 64, s. 12.]
Conclusiveness
of convictions for purposes of defamation actions.
[cf. 1968 c. 64, s. 13.]
Evidence
[1984 Ed.
(5) Nothing in section 8 of the Probation of Offenders Ordinance (under which a conviction leading to probation or discharge is to be disregarded except as therein mentioned) shall affect the operation of this section.
(Added, 25 of 1969, s. 7)
63. (1) In any civil proceedings the fact that a person has been found guilty of adultery in any matrimonial proceedings shall, subject to subsection (3), be admissible in evidence for the purpose of proving, where to do so is relevant to any issue in those civil proceedings, that he committed the adultery to which the finding relates, whether or not he offered any defence to the allegation of adultery and whether or not he is a party to the civil proceedings; but no finding other than a subsisting one shall be admissible in evidence by virtue of this section.
(2) In any civil proceedings in which by virtue of this section a person is proved to have been found guilty of adultery as mentioned in subsection (1)-
(a) he shall be taken to have committed the adultery to which the finding relates, unless the contrary is proved; and
(b) without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the finding was based, the contents of any document which was before the court, or which contains any pronouncement of the court, in the matrimonial proceedings in question shall be admissible in evidence for that purpose.
(3) Nothing in this section shall prejudice the operation of any enactment whereby a finding of fact in any matrimonial proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
(4) Section 62(4) shall apply for the purposes of this section as if the reference to subsection (2) were a reference to subsection (2) of this section.
(5) In this section "matrimonial proceedings" means any matrimonial cause in the Supreme Court or any appeal arising out of any such cause.
(Added, 25 of 1969, s. 7)
64. (1) In an action for libel or slander in which the question whether a person did or did not commit a criminal offence is relevant to an issue arising in the action, proof that, at the time when that issue falls to be determined, that person stands convicted of that offence shall be conclusive evidence that he committed that offence; and his conviction thereof shall be admissible in evidence accordingly.
(2) In any such action in which by virtue of this section a person is proved to have been convicted of an offence, the contents of any document which is admissible as evidence of the conviction,
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