1964_EVIDENCE_ORDINANCE — Page 15

14

CAP. 8

Evidence in criminal proceedings from documentary

records.

Evidence

[1984 Ed.

(2) An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank 3 clear days before the same is to be obeyed, unless the court or judge otherwise directs.

(3) The costs of any application to the court or judge under or for the purposes of this section, and the costs of anything done or to be done under an order of the court or judge made under or for the purposes of this section, shall be in the discretion of the court or judge, who may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by default or delay on the part of the bank.

(4) Any such order against a bank may be enforced as if the bank were a party to the proceeding.

22. (1) Subject to this section and section 22B, a statement contained in a document shall be admitted in any criminal pro- ceedings as prima facie evidence of any fact stated therein if—

(a) direct oral evidence of that fact would be admissible in

those proceedings; and

(b) the document is or forms part of a record compiled by a person acting under a duty from information supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and

(c) the person who supplied the information-

(i) is dead or by reason of his bodily or mental condi- tion unfit to attend as a witness;

(ii) is outside Hong Kong and it is not reasonably practicable to secure his attendance:

(iii) cannot be identified and all reasonable steps have been taken to identify him:

(iv) his identity being known, cannot be found and all reasonable steps have been taken to find him;

(v) cannot reasonably be expected (having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances) to have any recollection of the matters dealt with in that information;

or

(vi) having regard to all the circumstances of the case. cannot be called as a witness without his being so called being likely to cause undue delay or expense.

(2) A statement made in connexion with any criminal pro- ceedings or with any investigation relating or leading to any criminal proceedings shall not be admissible under this section.

(3) Subsection (1) applies whether the information was sup- plied directly or indirectly but, if it was supplied indirectly, only if

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