592319-1939-Ordinances-passed-and-assented-to---Dangerous-Drugs-Amendment--No-3-of-1939-Government-House-and-City-Development-Fund-Winding-Up--No-4-of-1939-Prevention-of-Eviction-Amendment--No-5-of-1939-Evidence-Amendm — Page 6

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1939.

HONG KONG.

No. 6 or 1939.

I assent.

G. A. S. NORTHCOTE,

L. S.

Governor.

24th March, 1939.

An Ordinance to amend the Evidence Ordinance, 1889.

24th March, 1939.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Evidence Amend- Short title. ment Ordinance, 1939.

2. The Evidence Ordinance, 1889, is amended by the New insertion of the following sections immediately after section 28 thereof :-

28A.-(1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied. that is to say-

(i) if the maker of the statement either—

(a) had personal knowledge of the matters dealt with by the statement; or

(b) where the document in question is or forms part of a record purporting to be a continuous record, made the state- ment (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and

(ii) if the maker of the statement is called as a witness in the proceedings:

sections 28A-28F for Ordin- ance No. 2 of 1889.

Admis- sibility of document- ary evidence

as to facts in issue.

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