Application of Part IIA of the Evidence Ordinance to statements of opinion.
1992 c. 30. 4. 1. (Cap. J
Rules with respect to expert
reports and oral expert
evidence.
1972 a. 30, x. 2. (CAD. 6)
1. (1) Subject to the provisions of this section, Part HA of the Evidence Ordinance, with the exception of section 38E, shall apply in relation to statements of opinion as it applies in relation to statements of fact, subject to the necessary modifica. tions 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 38D of the Evidence Ordinance, 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 38D, 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.
2. (1) If and so far as rules so provide, section 38B(2) of the Evidence Ordinance shall not apply to statements (whether of fact or opinion) contained in expert reports.
(2) Io so far as they relate to statements (whether of fact or opinion) contained in expert reports, rules made in pursuance of section 38H(1) of the Evidence Ordinance as to the procedure to be followed and the other conditions to be fulfilled before a statement can be given in evidence in civil proceedings by virtue of section 38B of that Ordinance shall not be subject to the requirements of section 38H(2) of that Ordinance.
(3) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or con- templated civil proceedings or in connexion with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, provision may be made by rules-
(0) for enabling the court in any civil proceedings to direct, with respect to medical matters or matters of any other class which may be specified in the direction, that the parties or some of them shall each by such date as may be so specified for such later date as may be permitted or agreed in accordance with the rules) disclose to the other or others in the form of one or more expert reports
3
the expert evidence on matters of that class which he proposes to adduce as part of his case at the trial; and (b) for prohibiting a party who fails to comply with a direction given in any such proceedings under rules made in pursuance of paragraph (a) from adducing in evidence by virtue of section 38B of the Evidence Ordinance. except with the leave of the court, any slakement (whether of fact or opinion) contained in any expert report what- soever in so far as that statement deals with matters of any class specified in the direction.
(4) Provision may be made by rules as to the conditions subject to which oral expert evidence may be given in civil proceedings.
(5) Without prejudice to the generality of subsection (4). rules made in pursuance of that subsection may make provision for prohibiting a party who fails to comply with a direction given as mentioned in subsection (3)(b) from adducing, except with the leave of the court, any oral expert evidence whatsoever with respect to matters of any class specified in the direction.
(6) Any rules made in pursuance of this section may make different provision for different classes of cases, for expert reports dealing with matters of different classes, and for other different circumstances.
(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) Nothing in this section shall prejudice the generality of section 38 of the Supreme Court Ordinance, section 72 of the District Court Ordinance or any other Ordinance conferring power to make rules of court.
4.
(1) Subject to any rules made in pursuance of Part IIA of the Evidence Ordinance or this Ordinance, 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.
(2) Where a person is called as a witness in any civil pro- ceedings 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.
(Cap. $.)
Admissibility of expert opinion and certain ex- pressions of nod-expert opinion. 1972 c. 30, e ). (p. 10