1969-HKRS28-8-36_Part01 — Page 53

123 of 1985.J

Abolition of certain privileges.

1968, c. 64, 5. [*]. () & 6.

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any evidence on the ground that to do so may in- criminate the husband or wife of that person.

(4) Where any existing enactment (however worded) that—

(a) confers powers of inspection or investiga-

tion; or

(b) provides as mentioned in subsection (3). further provides (in whatever words) that any answer or evidence given by a person shall not be admissible in evidence against that person in any proceedings or class of proceedings (however described, and whether criminal or not), that enactment shall be construed as providing also that any answer or evidence given by that person shall not be admissible in evidence against the husband or wife of that person in the proceedings or class of proceedings în question.

(5) In this section "existing enactment" means any enactment made before the commencement of the Evidence (Amendment) Ordinance 1969: and the ref- erences to giving evidence are references to giving evidence in any manner, whether by furnishing in- formation, making discovery, producing documents or otherwise.

380. (1) The following rules of law are ab- rogated except in relation to criminal proceedings, that is to say-

(a) the rule whereby, in any legal proceedings. a person cannot be compelled to answer any question or produce any document or thing il to do so would tend to expose him to a forfeiture; and

(b) the rule whereby, in any legal proceedings, a person other than a party to the proceed- ings cannot be compelled to produce any deed or other document relating to bis title to any land.

(2) The rule of law whereby, in any civil pro- ceedings, a party to the proceedings cannot be com- pelled to produce any document relating solely to his own case and in no way tending to impeach that case or support the case of any opposing party is abrogated.

(3) A witness in any proceedings instituted in consequence of adultery, whether a party to the pro-

Consequen- tial amend- ments relating to privilege.

JC. 1958, c. 64, 3. 17.1

Interpreta- tion and Bavings of Parts ITA Bad IJA,

[L 1969, e. 64,

18.

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ceedings or not, shall not be excused from answering any question by reason that it tends to show that he or she has been guilty of adultery,

38P. (1) Any existing enactment, however framed or worded, which in relation to any tribunal. investigation or inquiry (however described) confers on persons required to answer questions or give evidence any privilege described by reference to the privileges of witnesses in proceedings before any court shall, unless the contrary intention appears, be con- strued as referring to the privileges of witnesses in civil proceedings before that court.

(2) Where a person is examined by virtue of an order under section 43 or section 44 made by a court or judge for the purpose of obtaining his testimony in relation to any legal proceedings pending before a court or tribunal outside the Colony, then for the purpose of determining his rights under section 46 to refuse to answer questions or produce documents-

(a) if those proceedings are criminal proceedings. sections 38N and 380 shall be disregarded; but

(b) in any other case the reference in proviso (c) to section 46 to any action or other pro- ceeding shall be construed as a reference to any action or other civil proceeding. (3) Subsection (5) of section 38N shall apply for the purposes of this section as it applies for the purposes of that section.

General.

380. (1) In Part IIA and this Part, unless the context otherwise requires. "civil proceedings" in- cludes, in addition to civil proceedings in any court-

(a) civil proceedings before any other tribunal, being proceedings in relation to which the strict rules of evidence apply; and

(b) an arbitration or reference, whether under

an enactment or not,

but does not include civil proceedings in relation to which the strict rules of evidence do not apply.