1969-HKRS29-8-36_Part01 — Page 50

(25 of 1968.I

14

(3) In any civil proceedings a statemem which lends to establish reputation or family tradition with respect to any matter and which, if the Evidence (Amendment) Ordinance 1969 had not been enacted. would have been admissible in evidence by virtue of any rule of law mentioned in subsection (4)—

(a) shall be admissible in evidence by virtue of this paragraph in so far as it is not capable of being rendered admissible under section 38B or 38D; and

(6) if given in evidence under this Part (whether by virtue of paragraph (a) or otherwise) shali by virtue of this paragraph be admissible as evidence of the matter reputed or handed down;

and, without prejudice to paragraph (6), reputation shall for the purposes of this Part be treated as a fact and not as a statement or multiplicity of state- ments dealing with the matter reputed.

(4) The rules of law referred to in subsection (3) are the following, that is to say any rule of law-

(a) whereby in any civil proceedings evidence of a person's reputation is admissible for the purpose of establishing his good or bad character:

(b) whereby in any civil proceedings involving a question of pedigree or in which the exist ence of a marriage is in issue evidence of reputation or family tradition is admissible for the purpose of proving or disproving pedigree or the existence of the marriage, as the case may be; or

(c) whereby in any civil proceedings evidence of reputation is admissible for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing.

(5) In so far as any statement is admissible in any civil proceedings by virtue of subsection (1) or paragraph (a) of subsection (3), it may be given in evidence in those proceedings notwithstanding any- thing in sections 38B to 38G or in any rules made in pursuance of section 38H.

Interpreta- tion of sections 38A to 381 and application to arbitra- tions, etc.

1968, c. 64, LIG

15

(6) The words in which any rule of law men- tioned in subsection (2) or (4) is there described are intended only to identify the rule in question and shall not be construed as altering that rule in any way.

381. (1) In this Part, unless the context other- wise requires---

"computer" has the meaning assigned by section 38E; "document" includes, in addition to a document in

writing-

(a) any map, plan, graph or drawing;

(b) any photograph:

(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced there- from; and

(d) any film, tape or other device in which visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom;

"film" includes a microfilm:

D4

*statement" includes any representation of fact.

whether made in words or otherwise.

(2) In this Part any reference to a copy of a document includes-

(a) in the case of a document falling within paragraph (c) but not paragraph (a) of the definition of "document" in subsection (1). a transcript of the sounds or other data embodied therein;

(b) in the case of a document falling within paragraph (ɗ) but not paragraph (c) of that definition, a reproduction or still reproduc- tion of the image or images embodied therein, whether enlarged or not;

(c) in the case of a document failing within both those paragraphs, such a transcript together with such a still reproduction:

(d) in the case of a document not falling within the said paragraph (d) of which a visual image is embodied in a document falling