1964_EVIDENCE_ORDINANCE — Page 14

1984 Ed.]

Evidence

(CAP. 8

13

1

(c) that during that period, and at the time that the document was produced by the computer, the computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents,

and for the purposes of this subsection "computer" has the same meaning as in section 22A.

(4) In any proceedings, the matters referred to in subsection (1)(a) and (b) and subsection (3)(a), (b) and (c) in relation to a banker's record may be proved, orally or by affidavit, by any officer of the bank, and any such affidavit shall, on its production without further proof, be admitted in evidence and may include an explanation of the contents of the copy of any entry or matter recorded in such banker's record which is tendered in evidence or any abbreviations, symbols or other markings appearing in such copy that may be relevant in the proceedings, and a description of the banker's record, its nature and use, and the procedures followed in keeping it; and for the purposes of this subsection it shall be sufficient for a matter referred to in subsection (1)(a)(i) or (3)(c) to be stated in an affidavit to the best of the knowledge and belief of the person making the affidavit.

(5) In relation to any criminal proceedings-

(a) this section shall apply to any document or record used in the ordinary business of a body designated by the Financial Secretary under section 19B for the purposes of such criminal proceedings as it applies to a banker's record, and a reference in this section to a bank shall, in its application to such document or record, be construed as a reference to the body so designated; but

(b) this section shall not apply to any document or record used-

(i) by a deposit-taking company which is a company registered under Part I or IX of the Companies Ordinance;

(ii) by a deposit-taking company which is a company to which Part XI of that Ordinance applies if such document or record is used in its ordinary business in Hong Kong, and for the purposes of this paragraph "deposit-taking company" means a company which is required by the Deposit-taking Companies Ordinance to be registered or licensed thereunder.

20A.

(Replaced, 37 of 1984, s. 5)

21. (1) On the application of any party to any proceedings, the court or a judge may order that such party be at liberty to inspect and take copies of any entries in a banker's record for any of the purposes of such proceedings. (Amended, 37 of 1984, s. 6)

(Cap. 32.)

17 of 18653

(Cap. 328.)

Court or judge may direct copies of entries in banker's record to be taken. 1879 c. 11, ss. 7, 8.