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LRC issues report on hearsay rules in civil proceedings

The Law Reform Commission today (Tuesday) issued a report which recommends the abolition of the hearsay rules in civil proceedings.

At present, hearsay evidence is generally excluded from Hong Kong courts, subject to certain exceptions.

The Secretary of the Commission, Mr Stuart Stoker, said today: "Hearsay evidence essentially means second-hand evidence. It is hearsay when a witness testifies to a particular fact on the basis of what he was told by another. Because this type of evidence was generally thought to be less reliable than first-hand evidence, the law generally excluded it."

Mr Stoker said that over time the exceptions to the hearsay rule had become more complex and unclear and there had been considerable criticism of the rule. He said the current trend in most common law jurisdictions was to move towards a system which admitted hearsay evidence but allowed the court to make up its own mind as to the weight to be attached to it.

The report issued today contains the Commission's final recommendations on the subject and reflects the comments made in response to a consultation paper issued in August 1992. Mr Stoker said there had been widespread support for the abolition of the hearsay rule.

The main recommendations in the report are:-

(1)

(2)

(3)

(4)

Subject to safeguards, all hearsay evidence, whether first-hand or multiple hearsay, should be admitted in all civil proceedings.

There should be no special provision for parties to a civil action to give notice of their intention to call hearsay evidence at the trial, and the issue as to whether such a notice should be given should be left to the informal arrangement between the parties.

There should be power to call and cross-examine a witness whose evidence has been tendered as hearsay by another party.

Statutory guidelines should be laid down to assist the courts in assessing the weight to be attached to hearsay evidence.