1969-HKRS28-8-36_Part01 — Page 44

Amendment of

section 7.

(Cap. 13

1968, č. 64,

* 1603).

Amendment of

section 11.

1966, c. 64,

■ 1600.

Repeal of

sections 33 nod 34.

1969. c. 64,

$ 203)

Repeal and

replacement of section 38.

1968, A. 64,

6. 2000.

Addition of

new Part IIA.

2

2. Section 7 of the principal Ordinance is amended by deleting "In no proceedings shall a husband" and substituting the following-

3.

"In criminal proceedings, a husband shall not”.

Section 11 of the principal Ordinance is amended by deleting the proviso.

repealed.

Sections 33 and 34 of the principal Ordinance are

5. Section 38 of the principal Ordinance is repealed and replaced by the following-

"Interpreta-

38. (1) In sections 35 to 37, unless the context otherwise requires, "proceedings" includes arbitrations 1918, c. 28, s. 6. and references.

Uoa and savings.

1968, c. 64,

* 200)

(2) Nothing in sections 35 to 37 shall prejudice the admissibility of any evidence which would apart from the provisions of these sections be admissible.".

6. The principal Ordinance is amended by adding, after Part 11, the following new Part-

Hearsay evidence to be admis-

sible only by virtue of this or any other Ordinance

or by

agreement.

1968, c. 64, s. 1.

Admis-

sibility of

out-of-court

statement

"PART IIA.

HEARSAY EVIDENCE IN CIVIL PROCEEDINGS.

38A. In any civil proceedings a statement other than one made by a person while giving oral evidence in those proceedings shall be admissible as evidence of any fact stated (herein to the extent that it is so admissible by virtue of any provision of this or any other Ordinance or by agreement of the parties, but not otherwise.

38B. (1) In any civil proceedings a statement made, whether orally or in a document or otherwise, by any person, whether called as a witness in those as evidence proceedings or not, shall, subject to this section and to rules, be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible.

of fack stated. 1988, 0.64.2

Witness's previous tutemeat, if proved, to be evidence of facts stated.

1968, n. 54, 1. 3.

3

(2) Where in any civil proceedings a party desir- ing to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person by whom the statement was made. the statement-

(a) shall not be given in evidence by virtue of this section on behalf of that party without the leave of the court; and

(b) without prejudice to paragraph (2), shall not be given in evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person by whom it was made, except-

(i) where before that person is called the court allows evidence of the making of the statement to be given on behalf of that party by some other person; or

(i) in so far as the court allows the person by whom the statement was made to narrate it in the course of his examination- in-chief on the ground that to prevent him from doing so would adversely affect the intelligibility of his evidence.

(3) Where in any civil proceedings a statement which was made otherwise than in a document is admissible by virtue of this section, no evidence other than direct oral evidence by the person who made the statement or any person who heard or otherwise per- ceived it being made shall be admissible for the purpose of proving it:

Provided that if the statement in question was made by a person while giving oral evidence in some other legal proceedings (whether civil or criminal). it may be proved in any manner authorized by the

court.

38C. (1) Where in any civil proceedings- (a) a previous inconsistent or contradictory statement made by a person called as A witness in those proceedings is proved by virtue of section 13, 14 or 15; or