1964_EVIDENCE_ORDINANCE — Page 16

1984 Ed.]

Evidence

[CAP. 8

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each person through whom it was supplied was acting under a duty; and that subsection applies also where the person who compiled the record also supplied the information.

(4) Where in any criminal proceedings a statement based on information supplied by any person is given in evidence by virtue of this section-

(a) any evidence which, if that person had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings; and

(b) evidence tending to prove that that person has, whether before or after supplying the information, made a statement (whether oral or otherwise) which is inconsistent with that information shall be admissible for the purpose of showing that he has contradicted himself:

Provided that nothing in this subsection shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.

(5) A statement which is admissible by virtue of this section shall not be capable of corroborating evidence given by the person who supplied the information on which the statement is based.

(6) In deciding for the purposes of subsection (1)(c)(i) whether a person is unfit to attend as a witness the court may act on a certificate purporting to be signed by a medical practitioner registered or deemed to be registered under the Medical Registration Ordinance.

(7) Any reference in this section to a person acting under a duty includes a reference to a person acting in the course of any occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.

(8) This section does not apply to any document to which section 22A applies.

(Replaced, 37 of 1984, s. 7)

22A. (1) Subject to this section and section 22B, a statement contained in a document produced by a computer shall be admitted in any criminal proceedings 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) it is shown that the conditions in subsection (2) are satisfied in relation to the statement and computer in question.

(2) The conditions referred to in subsection (1)(b) are—

(Cap. 161.)

Documentary evidence in criminal proceedings from computer records.