1969-HKRS29-8-36_Part01 — Page 54

ELS OF 1969.)

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(2) In Part 11A and this Part, unless the context otherwise requires-- "court" does not include a court-martial, and, in re- lation to an arbitration or reference, means the arbitrator or umpire and, in relation to proceed- ings before a tribunal (not being a court), means the tribunal;

"legal proceedings" includes an arbitration or refer-

ence, whether under an enactment or not.

(3) For the avoidance of doubt it is declared that in Part IIA and this Part, and in any amendment made by the Evidence (Amendment) Ordinance 1969 to any other enactment, references to a person's hus- band or wife do not include references to a person who is no longer married to that person.

(4) Nothing in Part IIA or this Part shall prej- udice the operation of any enactment which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described).

In this subsection the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.

(5) Nothing in Part IIA or this Part shall prej- udice-

(a) any power of a court, in any legal proceed- ings, to exclude evidence (whether by pre- venting questions from being put or other- wise) at its discretion; or

(5) the operation of any agreement (whenever made) between the parties to any legal pro- ceedings as to the evidence which is to be admissible (whether generally or for any particular purpose) in those proceedings,

(6) Where, by reason of any defect of speech or hearing from which he is suffering, a person called as a witness in any legal proceedings gives his evidence in writing or by signs, that evidence is to be treated for the purposes of Part IIA or this Part as being given orally.

Rules.

#. amended-

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38R. The Chief Justice shall or may make rules with regard to any matter in respect of which rules shall or may be made under Part IIA or this Part.".

Section 52 of the Matrimonial Causes Ordinance is

(a) in subsection (1), by deleting "in any proceedings" in the second place where they occur and substituting the following-

"in criminal proceedings"; and

(b) in subsection (2), by deleting" but no witness in any such proceedings, whether a party to the proceedings or not, shall be liable to be asked or be bound to answer any question tending to show that be or she has been guilty of adultery unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery",

Passed by the Hong Kong Legislative Council this 18th day of June, 1969.

Deputy Clerk of Councils.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Deputy Clerk of Councits.

Amendment of Marimonial Caunes Ordinance,

1966, c. 164. *. 160) & (5) (Cap. 179)