FRIDAY, MAY 25, 1984
8
RECORDS EVIDENCE LAW TO BE REVISED
****
THE LAW ON ADMISSIBILITY OF RECORDS AS EVIDENCE IN COURT IS TO BE REVISED UNDER PROPOSED LEGISLATION TO TAKE ACCOUNT OF THE WIDESPREAD USE OF MODERN TECHNOLOGY IN THE KEEPING AND RETRIEVAL OF INFORMATION.
AT THE SAME TIME A NEW PROCEDURE IS PROPOSED, UNDER THE EVIDENCE (AMENDMENT) BILL 1984 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (FRIDAY), FOR OBTAINING EVIDENCE FROM OVERSEAS FOR USE IN CRIMINAL PROCEEDINGS IN HONG KONG.
THESE PROPOSALS ARE EXPECTED TO ASSIST IN REMOVING THE RESTRICTIONS AND TECHNICALITIES WHICH, UNDER THE EXISTING LAW, OFTEN HAMPER OR EVEN PREVENT A FAIR PRESENTATION OF RELEVANT AND RELIABLE EVIDENCE IN COURT.
MOST OF THE AMENDMENTS PROPOSED BY THE BILL, A GOVERNMENT SPOKESMAN EXPLAINED, ARE RELATED TO CRIMINAL PROCEEDINGS. HOWEVER, IN THE CASE OF RECORDS KEPT BY BANKS, IT IS PROPOSED TO UPDATE THE LAW BOTH FOR CRIMINAL AND CIVIL PROCEEDINGS.
AN IMPORTANT CHANGE IS THE REPLACEMENT OF THE TERM BANKER'S BOOK+ IN THE PRINCIPAL ORDINANCE WITH BANKERS' RECORD+ AND THE INTRODUCTION OF A NEW DEFINITION WHICH TAKES ACCOUNT OF MODERN TECHNOLOGY.
THE BILL ALSO INTRODUCES A NEW PROCEDURE IN CRIMINAL PROCEEDINGS FOR PROVING CERTAIN DOCUMENTS OF FOREIGN ORIGIN, SUCH AS CERTIFIED COPIES OF OR EXTRACTS FROM RECORDS OF A PUBLIC NATURE MAINTAINED IN ANOTHER COUNTRY, AND CERTAIN CLASSES OF DOCUMENTS FILED IN OR ISSUED OUT OF AN OFFICE IN ANOTHER COUNTRY.
IN ADDITION, IT EXTENDS THE CASES WHERE DOCUMENTARY HEARSAY EVIDENCE MAY NOW BE ADMITTED IN CRIMINAL PROCEEDINGS TO COVER ALL KINDS OF RECORDED EVIDENCE, INCLUDING COMPUTERISED RECORDS, SO LONG AS THE RECORDS HAVE BEEN COMPILED BY A PERSON ACTING UNDER A DUTY IN DOING SO.
IN RESPECT OF EVIDENCE LOCATED OUTSIDE HONG KONG, THE BILL PROVIDES A STATUTORY PROCEDURE WHEREBY THE HIGH COURT MAY FORMALLY REQUEST OVERSEAS COURTS OR TRIBUNALS TO ASSIST IN OBTAINING THE EVIDENCE AND TO PROVIDE FOR THE ADMISSIBILITY OF SUCH EVIDENCE, THE SPOKESMAN ADDED.
THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL
ON MAY 30, FOR SCHEDULED FINAL READING ON JUNE 13.
COMMENTS ON THE BILL MAY BE SENT IN WRITING TO THE UMELCO AT SWIRE HOUSE, 12TH FLOOR, CHATERED ROAD, OR THE LEGAL DEPARTMENT AT CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG.
19