1964_EVIDENCE_ORDINANCE — Page 13

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Privilege relating to sections 19A and 19B.

Copy of entry in banker's record.

(Cap. 4.)

CAP. 8]

Evidence

[1984 Ed.

19C. The Chief Secretary or the Financial Secretary shall not be compelled to attend as a witness in any criminal proceedings in which a certificate purporting to have been signed by him is tendered in evidence under section 19A or 19B, as the case may be, if the matter in respect of which his attendance is required relates solely to that certificate.

( Added, 37 of 1984, s. 4)

20. (1) Subject to this section, a copy of any entry or matter recorded in a banker's record shall, on its production without further proof, be admitted in any proceedings as prima facie evidence of the matters, transactions and accounts therein recorded if-

(a) it is proved-

(i) that such entry was made or matter recorded in the ordinary course of business; and

(ii) that such record is in the custody or control of the bank; and

(b) except in the case of a copy made by any photographic process and subject to subsection (3), it is proved by some person who has examined the copy with the original entry, that the copy has been examined with the original entry and is correct.

(2) A bank or officer of a bank shall not, in any proceedings other than proceedings instituted by or against the bank, be com- pelled to produce any banker's record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions or accounts therein recorded, except-

(a) in civil proceedings, by order of a judge made for special

cause,

(b) in criminal proceedings, by order of the court of trial.

(3) In the case of a banker's record kept by means of a computer, it shall not be necessary to prove the matters referred to in subsection (1)(b) in relation to a document produced by the computer which is tendered in evidence under this section as a copy of a matter recorded therein if (subject, in the case of civil proceedings, to any rules of court made under section 54 of the Supreme Court Ordinance with respect to this subsection) it is proved-

(a) that the document was so produced under the direction of a person having practical knowledge of and experience in the use of computers as a means of storing, processing or retrieving information;

(b) that during the period when the computer was used for the purpose of keeping such record, appropriate measures were in force for preventing unauthorized interference with the computer; and