1973-HKRS28-16-21_Part04 — Page 16

Evidence of Coreign law.

1972 c. 30. 1. 4.

(1971 c. 23.)

(3) In this section, "relevant matter" includes an issue in the proceedings in question.

5. (1) A person who is suitably qualified to do so on account of his knowledge or experience is competent to give, in civil proceedings, expert evidence as to the law of any country or territory outside the Colony, irrespective of whether he has acted or is entitled to act as a legal practitioner there.

(2) Where any question as to the law of any country or territory outside the Colony with respect to any matter has been determined (whether before or after the commencement of this Ordinance) in any such proceedings as arc mentioned in subsection (4), then in any civil proceedings (not being proceedings before a court which can take judicial notice of the law of that country or territory with respect to that matter)-

(a) any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that country or terri- tory with respect to that matter; and

(6) if that finding or decision, as so reported or recorded. is adduced for that purpose, the law of that country or territory with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved :

Provided that paragraph (b) shall not apply in the case of a finding or decision which conflicts with another finding or deci- sion on the same question adduced by virtue of this subsection in the same proceedings.

(3) Except with the leave of the court, a party to any civil proceedings shall not be permitted to adduce any such finding or decision as is mentioned in subsection (2) by virtue of that sub- section unless he has in accordance with rules given to every other party to the proceedings notice that he intends to do so.

(4) The proceedings referred to in subsection (2) are the following, whether civil or criminal, namely

(a) proceedings at first instance in the Supreme Court or in the Supreme Court of England as constituted by section 1 of the Courts Act 1971;

(b) appeals arising out of proceedings as are mentioned in

paragraph (a);

(e) proceedings before the Judicial Committee of the Privy Council on appeal (whether to Her Majesty in Council

5

or to the Judicial Committee as such) from any decision

of any court of the Colony or of any other country or territory.

(5) For the purposes of this section a finding or decision on any such question as is mentioned in subsection (2) shall be taken to be reported or recorded in citable form if, but only if, it is reported or recorded in writing in a report, transcript or other document which, if that question had been a question as to the law of the Colony, could be cited as an authority in legal proceedings in the Colony,

6. (0) In this Ordinance, unless the context otherwise requires, "civil proceedings" includes, in addition to civil proce- edings in any court-

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

(b) an arbitration or reference, whether under an chactment

or not,

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

(2) In this Ordinance, unless the context otherwise requires-

"court" does not include a court-martial, und, in relation to an arbitration or reference, means the arbitrator or umpire and, in relation to proceedings before a tribunal (not being A courl), means the tribunal;

"legal proceedings" includes an arbitration or reference, whether

under an enactment or not,

(3) For the purposes of the application of sections 3 and 5 in relation to any such civil proceedings as are mentioned in paragraph (a) or (b) of subsection (1). any rules made in pursu- ance of Part IIA of the Evidence Ordinance shall (except in so far as their operation is excluded by agreement) apply, subject to such modifications as may be appropriate, in 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 proceedings as are mentioned in paragraph (2) or (b) of subsection (1), the appropriate modifications of any such rule as is mentioned in subsection (3), that question shall, in default of agreement, be determined by the tribunal or the arbitration or umpire, as the case may be.

Interpretation. application to arbitrations etc. and savings.

[er. 1972 c. 30, *.5.1

(Cap. 8.)