1969-HKRS28-8-36_Part01 — Page 49

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such a statement where the requirements of the rules affecting its admissibility have been complied with;

(b) may confer on the court power, where a party to any civil proceedings has given notice that he desires to give in evidence- (i) a statement falling within subsection (1) of section 38B which was made by a person, whether orally or in a document, in the course of giving evidence in some other legal proceedings (whether civil or criminal); or

(ii) a statement falling within subsection (1) of section 38D which is contained in a record of any direct oral evidence given in some other legal proceedings (whether civil or criminal),

to give directions on the application of any party to the proceedings as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted to do so and (where applicable) as to the manner in which that statement and any other evidence given in those other proceedings is to be proved; and

(c) may make different provision for different circumstances, and in particular may make different provision with respect to statements falling within subsection (1) of section 38B. subsection (1) of section 38D and subsection (1) of section 38E respectively:

and any discretion conferred on the court by rules may be either a general discretion or a discretion exercisable only in such circumstances as may be specified in the rules.

(4) Rules may make provision for preventing a pany to any civil proceedings (subject to any excep- tions provided for in the rules) from adducing in relation to a person who is not called as a witness in those proceedings any evidence which could other- wise be adduced by him by virtue of section 380 unless that party has in pursuance of the rules given in respect of that person such a counter-notice as is mentioned in paragraph (b) of subsection (2).

(Cap. 43

(Cap. 334)

Admis- sibility of certain hear-

say evidence Formerly admissible al common

1958. c. 64. x. 9.

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(5) In deciding for the purposes of any rules made in pursuance of this section whether or not a person is fit to attend as a witness, a court may act on a certificate purporting to be a certificate of a registered medical practitioner.

(6) Nothing in this section shall prejudice the generality of section 38 of the Supreme Court Ordin ance, section 48 of the District Court (Civil Jurisdic- tion and Procedure) Ordinance or any other Ordinance conferring power to make rules of court.

38I. (1) In any civil proceedings a statement which, if this Part bad not been enacted, would by Virtue of any rule of law mentioned in subsection (2) have been admissible as evidence of any fact stated therein shall be admissible as evidence of that fact by virtue of this subsection.

(2) The rules of law referred to in subsection (1) are the following, that is to say any rule of law-

(a) whereby in any civil proceedings an admis. sion adverse to a party to the proceedings, whether made by that party or by another person, may be given in evidence against that party for the purpose of proving any fact stated in the admission;

(b) whereby in any civil proceedings published works dealing with matters of a public nature (for example, histories, scientific works, die- tionaries and maps) are admissible as evi- dence of facts of a public nature stated therein;

(c) whereby in any civil proceedings public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated therein; or

(d) whereby in any civil proceedings records (for example, the records of certain courts. treaties, Crown grants, pardong and commis- sions) are admissible as evidence of facts stated therein.

In this subsection "admission" includes any represen- tation of facts, whether made in words or otherwise.