678052-1882-Ordinances-passed-Nos-2-to-7-1882- — Page 4

200

THE HONGKONG GOVERNMENT GAZETTE, 25тя FEBRUARY, 1882.

Short title.

Interpretation clause.

Entries in books by affi- davit admis- sible in evi- dence.

Originals need not be pro- duced.

Proviso as to notice to par-

ties in a suit.

Power under order of Court to inspect books and take copies.

Judge may order that copies are not admissible.

Bank net com- pellable to produce books except, in cur- tain cases.

I. This Ordinance may be cited for all purposes as The Bankers' Books Evidence Ordinance 1882.

II. The word "bank" in this Ordinance shall mean any body Corporate Company or Society which now is or here- after may be established by charter or by under or by virtue of any act of Parliament or Ordinance.

The words "legal proceedings" in this Ordinance shall include all proceedings, whether preliminary or final, in Courts of justice, both criminal and civil, legal and equitable, and shall include all proceedings, whether preliminary or final, by way of arbitration, examination of witnesses, assessment of damages, compensation, or otherwise, in which there is power to administer an oath.

The words "the Court" in this Ordince shall mean the Court, Judge, Magistrate, arbitrators, or other person authorised to preside over the said legal proceedings for the time being, and shall include all persons, judges, or officers having jurisdiction and authorised to preside over or to exercise judicial control over the said legal proceedings or the procedure or any steps therein.

III. From and after the commencement of this Ordinance the entries in ledgers, day books, cash books, and other account books of any bank shall be admissible in all legal proceedings as primû facie evidence of the matters, trans- actions, and accounts recorded therein on proof being given by the affidavit in writing of one of the partners, managers, or officers of such bauk, or by other evidence that such ledgers, day books, cash books, or other account books are or have been the ordinary books of such bank, and that the said entries have been made in usual or ordinary course of business, and that such books are in or come immediately from the custody or control of such bank. Nothing in this clause contained shall apply to any legal proceeding to which any bank whose ledgers, day books, cash books, and other account books may be required to be produced in evidence shall be a party.

IV. Copies of all entries in any ledgers, day books, cash books or other account books used by any such bank may be proved in all legal proceedings as evidence of such en- tries without production of the originals, by means of the affidavit of a person who has examined the same, stating the fact of said examination, and that the copies sought to be put in evidence are correct.

V. Provided always, that no ledger, day book, cash book, or other account book of any such bank, and no copies of entries therein contained, shall be adduced or received in evidence under this Ordinance unless five days' notice in writing, or such other notice as may be ordered by the Court, containing a copy of the entries proposed to be adduced and of the intention to adduce the same in evidence, shall have been given by the party proposing to adduce the same in evidence to the other party or parties to the said legal proceeding, and that such other party or parties is or are at liberty to inspect the original entries and the accounts of which such entries form a part.

VI. On the application of any party to any legal pro- ceedings who has received such notice, a judge of the Supreme Court may order that such party be at liberty to inspect and to take copies of any entry or entries in the ledger, day books, cash books, or other account books of any such bank relating to the matters in question in such legal proceedings, and such orders may be made by such judge at his discretion either with or without summoning before him such bank or the other party or parties to such legal proceedings, and shall be intimated to such bank at least three days before such copies are required.

VII. On the application of any party to any legal pro- ceedings who has received notice, a judge of the Supreme Court may order that such entries and copies mentioned in the said notice shall not be admissible as, evidence of the matters, transactions, and accounts recorded in such ledgers, day books, cash books, and other account books.

VIII. No bank shall be compellable to produce the ledgers, days books, cash books, or other account books of such bank in any legal proceedings, unless a judge of the Supreme Court specially orders that such ledgers, day books, cash books, or other account books should be produced at such legal proceedings.

Passed the Legislative Council of Hongkong, this 22nd day of February, 1882.

ARATHOON SETH,

Clerk of Councils.