1984 Ed.]
Evidence
[CAP. 8
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and the contents of the information, complaint, indictment or charge on which that person was convicted, shall, without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, be admissible in evidence for the purpose of identifying those facts.
(3) For the purposes of this section a person shall be taken to stand convicted of an offence if but only if there subsists against him a conviction of that offence by or before any court in Hong Kong. (Amended, 37 of 1984, s. 11)
(4) Section 62(4) and (5) shall apply for the purposes of this section as they apply for the purposes of that section, but as if in the said subsection (4) the reference to subsection (2) were a reference to subsection (2) of this section.
(5) Subsections (1), (2), (3) and (4) shall apply for the purposes of any action begun after the commencement* of the Evidence (Amendment) Ordinance 1969, whenever the cause of action arose, but shall not apply for the purposes of any action begun before the commencement of that Ordinance or any appeal or other proceedings arising out of any such action.
Privilege
(Added, 25 of 1969, s. 7)
65. (1) The right of a person in any legal proceedings other than criminal proceedings to refuse to answer any question or produce any document or thing if to do so would tend to expose that person to proceedings for an offence or for the recovery of a penalty--
(a) shall apply only as regards criminal offences under the law of Hong Kong and penalties provided for by such law; and
(b) shall include a like right to refuse to answer any question or produce any document or thing if to do so would tend to expose the husband or wife of that person to proceedings for any such criminal offence or for the recovery of any such penalty.
(2) In so far as any existing enactment conferring (in whatever words) powers of inspection or investigation confers on a person (in whatever words) any right otherwise than in criminal proceedings to refuse to answer any question or give any evidence tending to incriminate that person, subsection (1) shall apply to that right as it applies to the right described in that subsection; and every such existing enactment shall be construed accordingly.
(3) In so far as any existing enactment provides (in whatever words) that in any proceedings other than criminal proceedings a person shall not be excused from answering any question or giving any evidence on the ground that to do so may incriminate that person, that enactment shall be construed as providing also that in
[*1.10.69.] (25 of 1969)
Privilege against incrimination of self or spouse,
1968 c. 64, s. 14.