1969-HKRS29-8-36_Part01 — Page 51

Addition of

new Part 1IA.

16

within that paragraph, a reproduction of that image, whether enlarged or not, and any reference to a copy of the material part of a document shall be construed accordingly.

(3) For the purposes of the application of this Part in relation to any such civil proceedings as are mentioned in paragraphs (2) and (b) of subsection (1) of section 38Q, any rules made under this Part or Part IIB shall (except in so far as their operation is excluded by agreement) apply, subject to such modifi- cations as may be appropriate, în like manner as they apply in relation to civil proceedings in the Supreme Court.

(4) If any question arises as to what are, for the purposes of any such civil proccedings as are men- tioned in paragraph (a) or (b) of subsection (1) of section 380, the appropriate modifications of any such rule as is mentioned in subsection (3), that ques- tion shall, in default of agreement, be determined by the tribonal or the arbitrator or umpire, as the case may be.".

7. The principal Ordinance is amended by adding, after Part IIA, the following new Part-

Convictions

(cf. 1968. c. 64.

■ 10.1

"PART IIE.

CONVICTIONS AND PRIVILEGE.

Convictions, etc, as evidence in civil proceedings.

38K. (1) In any civil proceedings the fact that a as evidence

person has been convicted of an offence by or before in civil proceedings, any court in the Colony shall, subject to subsection (3), be admissible in evidence for the purpose of proving, where to do so is relevant to any issue in those proceedings, that he committed that offence, whether he was so convicted upon a plea of guilty or otherwise and whether or not he is a party to the civil proceedings; but no conviction other than a sub- sisting one shall be admissible in evidence by virtue of this section.

(2) In any civil proceedings in which by virtue of this section a person is proved to have been con- victed of an offence by or before any court in the Colony-

(a) he shall be taken to have committed that offence, unless the contrary is proved; and

(Can. 298.)

Findings of adultery an evidence in civil pro- ceedings.

*. 12.1

17

(b) without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, the contents of any document which is admissible as evidence of the con- viction, and the contents of the information, complaint, indictment or charge on which the person in question was convicted, shall be admissible in evidence for that purpose.

(3) Nothing in this section shall prejudice the operation of section 38M or any other enactment whereby a conviction or a finding of fact in any criminal proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.

(4) Where in any civil proceedings the contents of any document are admissible in evidence by virtue of subsection (2), a copy of that document, or of the material part thereof, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.

(5) Nothing in section 8 of the Probation of Offenders Ordinance (under which a conviction lead- ing to probation or discharge is to be disregarded except as therein mentioned) shall affect the operation of this section.

38L. (1) In any civil proceedings the fact that a person has been found guilty of adultery in any matrimonial proceedings shall, subject to subsection (3), be admissible in evidence for the purpose of prov- 1966, 64 ing, where to do so is relevant to any issue in those civil proceedings, that he committed the adultery to which the finding relates, whether or not he offered any defence to the allegation of adultery and whether or not he is a party to the civil proceedings; but no finding other than a subsisting one shall be admissible in evidence by virtue of this section.

(2) To any civil proceedings in which by virtue of this section a person is proved to have been found guilty of adultery as mentioned in subsection (1)-

(a) he shall be taken to have committed the adultery to which the finding relates, unless the contrary is proved; and