1642
Short title.
Interpretation clause,
Entries in books. by affidavit admissible in evidence.
Originals need not be produced.
ORDINANCE No. 7 OF 1882.
Bankers' Books Evidence.
No. of 1882.
An Ordinance to amend the Law with reference to Bankers' Books Evidence.
[22nd February, 1882.]
WHEREAS serious inconvenience may be occasioned to bankers and also to the public by reason of the removal of the ledgers and other account books from the banks for the purpose of being produced in legal proceedings; And whereas it is expedient to facilitate the proof of the transactions recorded in such ledgers and account books; be it therefore enacted by the Governor of Hongkong with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Bankers' Books Evidence Ordinance 1882.
2. The word "bank" in this Ordinance shall mean any body corporate, company or society which now is or hereafter 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 Ordinance 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.
3. 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 prima facie evidence of the matters, transactions, and accounts recorded therein, on proof being given by the affidavit in writing of one of the partners, managers, or officers of such bank, 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 the 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.
4. 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 entries 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.
1642
Short title.
Interpretation clause,
ntries in books. by affidavit admissible in evidence.
Originals need not be produced.
ORDINANCE No. 7 OF 1882.
Bankers' Books Evidence.
No. of 1882.
An Ordinance to amend the Law with reference to Bankers' Books
Evidence.
W
[22nd February, 1882.]
“HEREAS serious inconvenience may be occasioned to bankers and also to the
public by reason of the removal of the ledgers and other account books from the banks for the purpose of being produced in legal proceedings; And whereas it is expedient to facilitate the proof of the transactions recorded in such ledgers and account books; be it therefore enacted by the Governor of Hongkong with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Bankers' Books Evidence Ordinance 1882.
2. The word" bank" in this Ordinance shall mean any body corporate company or society which now is or hereafter 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 other- wise, in which there is power to adininister an oath.
The words "the Court" in this Ordinance shall mean the Court, Judge, Magis- trate, 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 pro- ceedings or the procedure or any steps therein.
3. 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 prima facie evidence of the matters, transactions, and accounts recorded therein on proof being given by the affidavit in writing of one of the partners, managers, or officers of such bank, or by other evidence that such ledgers, day books, cash books, or other account books are or have been the or
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.
4. 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 entries 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.
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