1969-HKRS28-8-36_Part01 — Page 45

Admis-

sibility of certain records as evidence of facts stated. 1968, c. 64, 1.4.

(b) a previous statement made by a person called as aforesaid is proved for the purpose of rebutting a suggestion that his evidence has been fabricated,

that statement shall by virtue of this subsection be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admis- sible.

(2) Nothing in this Part or Part IIB shall affect any of the rules of law relating to the circumstances in which, where a person called as a witness in any civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in those proceedings; and where a document or any part of a document is received in evidence in any such proceedings by virtue of any such rule of law, any statement made in that document or part by the person using the document to refresh his memory shall by virtue of this sub- section be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible.

38D, (1) Without prejudice to section 38E, in any civil proceedings a statement contained iu a docu- ment shall, subject to this section and to rules, be admissible as evidence of any fact stated therein of Which direct oral evidence would be admissible, if the document is, or forms part of, a record compiled by a person acting under a duty from information which.....

(a) was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had. per- sonal knowledge of the matters dealt with in that information; and

(b) if not supplied by that person to the com→ piler of the record directly, was supplied by him to the compiler of the record indirectly through one or more intermediaries each acting under a duty,

Admis sibility of statementy.

produced by computers. 1988 2.64.1.5.

(2) Where in any civil proceedings a party de- siring to give a stalement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person who originally supplied the information from which the record containing the statement was compiled, the statement-

(4) 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 (4), shall not without the leave of the court be given în evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person who originally supplied the said informa- tion.

(3) Any reference in this section to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or em- ployed or for the purposes of any paid or upaid office held by him.

38E. (1) In any civil proceedings a statement contained in a document produced by a computer shall, subject to rules, be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible, if it is shown that the condi- tions mentioned in subsection (2) are satisfied in relation to the statement and computer in question.

(2) The conditions referred to in subsection (1)

are-

(a) that the document containing the statement was produced by the computer during a period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period, whether for profit or not, by any person;