46
CAP. 8]
Evidence
[1984 Ed.
[* 1.10.69.] (25 of 1969.)
Abolition of certain privileges.
1968 c. 64. s. 16(1), (2) & (5).
Consequential amendments relating to privilege.
[cf. 1968 c. 64, s. 17.]
such proceedings a person shall not be excused from answering any question or giving any evidence on the ground that to do so may incriminate the husband or wife of that person.
(4) Where any existing enactment (however worded) that— (a) confers powers of inspection or investigation; or (b) provides as mentioned in subsection (3), further provides (in whatever words) that any answer or evidence given by a person shall not be admissible in evidence against that person in any proceedings or class of proceedings (however described, and whether criminal or not), that enactment shall be construed as providing also that any answer or evidence given by that person shall not be admissible in evidence against the husband or wife of that person in the proceedings or class of proceedings in question.
(5) In this section "existing enactment” means any enactment made before the commencement* of the Evidence (Amendment) Ordinance 1969; and the references to giving evidence are references to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.
{ Added, 25 of 1969, s. 7)
66. (1) The following rules of law are abrogated except in relation to criminal proceedings, that is to say---- (a) the rule whereby, in any legal proceedings, a person cannot be compelled to answer any question or produce any document or thing if to do so would tend to expose him to a forfeiture; and (b) the rule whereby, in any legal proceedings, a person other than a party to the proceedings cannot be compelled to produce any deed or other document relating to his title to any land.
(2) The rule of law whereby, in any civil proceedings, a party to the proceedings cannot be compelled to produce any document relating solely to his own case and in no way tending to impeach that case or support the case of any opposing party is abrogated.
(3) A witness in any proceedings instituted in consequence of adultery, whether a party to the proceedings or not, shall not be excused from answering any question by reason that it tends to show that he or she has been guilty of adultery.
{ Added, 25 of 1969, s. 7)
67. (1) Any existing enactment, however framed or worded, which in relation to any tribunal, investigation or inquiry (however described) confers on persons required to answer questions or give evidence any privilege described by reference to the privileges of witnesses in proceedings before any court shall, unless the contrary intention appears, be construed as referring to the privileges of witnesses in civil proceedings before that court.