1964_EVIDENCE_ORDINANCE — Page 32

1984 Ed.}

Evidence

[CAP. 8

44. The court may at any stage of any proceedings by order direct that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be produced for that purpose.

(Added, 6 of 1939, s. 2)

45. (1) In sections 42 to 44, unless the context otherwise requires, “proceedings" includes arbitrations and references.

(2) Nothing in sections 42 to 44 shall prejudice the admissibility of any evidence which would apart from the provisions of those sections be admissible.

(Replaced, 25 of 1969, s. 5)

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Power to order proof of specified facts by affidavit with or without attendance of deponent.

1938 c. 28, s. 5.

Interpretation and savings.

1938 c. 28, s. 6; 1968 c. 64, s. 2(12).

PART IV

HEARSAY EVIDENCE IN CIVIL PROCEEDINGS

46. In any civil proceedings a statement other than one made by a person while giving oral evidence in those proceedings shall be admissible as evidence of any fact stated therein to the extent that it is so admissible by virtue of any provision of this or any other Ordinance or by agreement of the parties, but not otherwise.

(Added, 25 of 1969, s. 6)

47. (1) In any civil proceedings a statement made, whether orally or in a document or otherwise, by any person, whether called as a witness in those proceedings or not, shall, subject to this section and to rules, be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible.

(2) Where in any civil proceedings a party desiring to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person by whom the statement was made, the statement—

(a) shall not be given in evidence by virtue of this section on behalf of that party without the leave of the court; and

Note: Section 45 and Part IV came into operation on 1 December 1970 for the

purposes of the following civil proceedings—

(a) proceedings (other than proceedings in bankruptcy) in the High

Court and the District Court;

(b) proceedings before any tribunal, other than a court, to which the

strict rules of evidence apply:

(c) arbitrations and references to which the strict rules of evidence

apply;

(d) applications and appeals arising out of the proceedings mentioned

in paragraphs (a) to (c).

Hearsay evidence to be admissible only by virtue of this or any other Ordinance or by agreement. 1968 c. 64, s. 1.

Admissibility of out-of-court

statements as evidence of facts stated.

1968 c. 64, s. 2.

L.N. 154/70.