1984 Ed.]
Evidence
[CAP. 8
41
(3) In this section, "relevant matter" includes an issue in the proceedings in question.
(49 of 1973, s. 4 incorporated)
59. (1) A person who is suitably qualified to do so on account of his knowledge or experience is competent to give, in civil proceedings, expert evidence as to the law of any country or territory outside Hong Kong, irrespective of whether he has acted or is entitled to act as a legal practitioner there.
(2) Where any question as to the law of any country or territory outside Hong Kong with respect to any matter has been determined (whether before or after the commencement of this Part) in any such proceedings as are mentioned in subsection (4), then in any civil proceedings (not being proceedings before a court which can take judicial notice of the law of that country or territory with respect to that matter)—
(a) any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that country or territory with respect to that matter; and
(b) if that finding or decision, as so reported or recorded, is adduced for that purpose, the law of that country or territory with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved:
Provided that paragraph (b) shall not apply in the case of a finding or decision which conflicts with another finding or decision on the same question adduced by virtue of this subsection in the same proceedings.
(3) Except with the leave of the court, a party to any civil proceedings shall not be permitted to adduce any such finding or decision as is mentioned in subsection (2) by virtue of that subsection unless he has in accordance with rules given to every other party to the proceedings notice that he intends to do so.
(4) The proceedings referred to in subsection (2) are the following, whether civil or criminal, namely-
(a) proceedings at first instance in the High Court or in the Supreme Court of England as constituted by section 1 of the Courts Act 1971;
(b) appeals arising out of proceedings as are mentioned in paragraph (a);
(c) proceedings before the Judicial Committee of the Privy Council on appeal (whether to Her Majesty in Council or
Note: Section 59(2) to (5) (formerly section 5(2) to (5) of the Civil Evidence Ordinance 1973) came into operation on 1 July 1979 for the purposes of any civil proceedings (other than proceedings in bankruptcy).
Evidence of foreign law.
1972 c. 30. s. 4.
(1971 c. 23.)
L.N. 155/79.
1984 Ed.]
Evidence
[CAP. 8
41
(3) In this section, "relevant matter" includes an issue in the proceedings in question.
(49 of 1973, s. 4 incorporated)
59. (1) A person who is suitably qualified to do so on account of his knowledge or experience is competent to give, in civil proceedings, expert evidence as to the law of any country or territory outside Hong Kong, irrespective of whether he has acted or is entitled to act as a legal practitioner there.
(2) Where any question as to the law of any country or territory outside Hong Kong with respect to any matter has been determined (whether before or after the commencement of this Part) in any such proceedings as are mentioned in subsection (4), then in any civil proceedings (not being proceedings before a court which can take judicial notice of the law of that country or territory with respect to that matter)—
(a) any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that country or territory with respect to that matter; and
(b) if that finding or decision, as so reported or recorded, is adduced for that purpose, the law of that country or territory with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved:
Provided that paragraph (b) shall not apply in the case of a finding or decision which conflicts with another finding or decision on the same question adduced by virtue of this subsection in the same proceedings.
(3) Except with the leave of the court, a party to any civil proceedings shall not be permitted to adduce any such finding or decision as is mentioned in subsection (2) by virtue of that subsec- tion unless he has in accordance with rules given to every other party to the proceedings notice that he intends to do so.
(4) The proceedings referred to in subsection (2) are the following, whether civil or criminal, namely-
(a) proceedings at first instance in the High Court or in the Supreme Court of England as constituted by section 1 of the Courts Act 1971;
(b) appeals arising out of proceedings as are mentioned in
paragraph (a);
(c) proceedings before the Judicial Committee of the Privy Council on appeal (whether to Her Majesty in Council or
Note: Section 59(2) to (5) (formerly section 5(2) to (5) of the Civil Evidence Ordinance 1973) came into operation on I July 1979 for the purposes of any civil proceedings (other than proceedings in bankruptcy).
Evidence of foreign law.
1972 c. 30. s. 4.
(1971 c. 23.)
L.N. 155/79.
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