Conclusive- ness of con- victions for purposes of defamation actions.
(62. 1969. 4. 64, N. 1321
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(b) without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the finding was based, the contents of any document which was before the court, or which con- lains any pronouncement of the court, in the matrimonial proceedings in question shall be admissible in evidence for that purpose.
(3) Nothing in this section shall prejudice the operation of any enactment whereby a fiading of fact in any matrimonial proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
(4) Subsection (4) of section 38K shall apply for the purposes of this section as if the reference to subsection (2) were a reference to subsection (2) of this section.
(5) In this section "matrimonial proceedings' means any matrimonial cause in the Supreme Court or any appeal arising out of any such cause.
38M. (1) In an action for libel or slander in which the question whether a person did or did not commit a criminal offence is relevant to an issue aris- ing in the action, proof that, at the time when that issue falls to be determined, that person stands con- victed of that offence shall be conclusive evidence that he committed that offence; and his conviction thereof shall be admissible in evidence accordingly.
(2) In any such action in which by virtue of this section a person is proved to have been convicted of an offence, the contents of any document which is admissible as evidence of the conviction, and the con- tents of the information, complaint, indictment or charge on which that person was convicted, shall, without prejudice to the reception of any other admis- sible evidence for the purpose of identifying the facts on which the conviction was based, be admissible in evidence for the purpose of identifying those facts.
(3) For the purposes of this section a persoD shall be taken to stand convicted of an offence if but only if there subsists against him a conviction of that offence by or before any court in the Colony.
(4) Subsections (4) and (5) of section 38K shall apply for the purposes of this section as they apply
(25 of 1969.)
Privilege against incrimina.
tion of self dr spouse. 1965, c. 64,
14.
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for the purposes of that section, but as if in the said subsection (4) the reference to subsection (2) were a reference to subsection (2) of this section.
(5) Subsections (1), (2), (3) and (4) shall apply for the purposes of any action begun after the com- mencement of the Evidence (Amendment) Ordinance 1969, whenever the cause of action arose, but shall not apply for the purposes of any action begun before the commencement of that Ordinance or any appeal or other proceedings arising out of any such action,
Privilege.
38N. (1) The right of a person in any legal proceedings other than criminal proceedings to refuse to answer any question or produce any document or thing if to do so would tend to expose that person to proceedings for an offence or for the recovery of a penalty-
(a) shall apply only as regards criminal offences under the law of Hong Kong and penalties provided for by such law; and
(b) shall include a like right to refuse to answer any question or produce any document or thing if to do so would tend to expose the husband or wife of that person to proceed- ings for any such criminal offence or for the recovery of any such penalty,
(2) In so far as any existing enactment confer- ring (in whatever words) powers of inspection or in- vestigation confers on a person (in whatever words) any right otherwise than in criminal proceedings to refuse to answer any question or give any evidence tending to incriminate that person, subsection (1) shall apply to that right as it applies to the right described in that subsection: and every such existing enactment shall be construed accordingly.
(3) In so far as any existing enactment provides (in whatever words) that in any proceedings other than criminal proceedings a person shall not be ex- cused from answering any question or giving any evidence on the ground that to do so may incriminate that person, that enactment shall be construed as pro- viding also that in such proceedings a person shall not be excused from answering any question or giving
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