42
CAP. 8)
Interpretation, application to arbitrations etc. and savings. [cf. 1972 c. 30, s. 5.]
(Cap. 4, sub. leg.)
(Cap. 4.)
Evidence
[1984 Ed.
to the Judicial Committee as such) from any decision of any court of Hong Kong or of any other country or territory.
(5) For the purposes of this section a finding or decision on any such question as is mentioned in subsection (2) shall be taken to be reported or recorded in citable form if, but only if, it is reported or recorded in writing in a report, transcript or other document which, if that question had been a question as to the law of Hong Kong, could be cited as an authority in legal proceedings in Hong Kong.
(49 of 1973, s. 5 incorporated. Amended, 37 of 1984, s. 11)
60. (1) In this Part, unless the context otherwise requires, "civil proceedings" includes, in addition to civil proceedings in any court-
(a) civil proceedings before any tribunal, being proceedings in relation to which the strict rules of evidence apply; and
(b) an arbitration or reference, whether under an enactment or not,
but does not include civil proceedings in relation to which the strict rules of evidence do not apply.
(2) In this Part, unless the context otherwise requires-
"court" does not include a court-martial, and, in relation to an arbitration or reference, means the arbitrator or umpire and, in relation to proceedings before a tribunal (not being a court), means the tribunal;
"legal proceedings" includes an arbitration or reference, whether under an enactment or not; (Amended, 65 of 1980, s. 7)
"rules" means the Rules of the Supreme Court made under section 54 of the Supreme Court Ordinance. (Added, 65 of 1980, s. 7)
(3) For the purposes of the application of sections 57 and 59 in relation to any such civil proceedings as are mentioned in subsection (1)(a) or (b), any rules made under section 54 of the Supreme Court Ordinance shall (except in so far as their operation is excluded by agreement) apply, subject to such modifications as may be appropriate, in like manner as they apply in relation to civil proceedings in the High Court. (Amended, 65 of 1980, s. 7)
(4) If any question arises as to what are, for the purposes of any such civil proceedings as are mentioned in subsection (1)(a) or (b), the appropriate modifications of any such rule as is mentioned in subsection (3), that question shall, in default of agreement, be determined by the tribunal or the arbitrator or umpire, as the case may be.
(5) Nothing in this Part shall prejudice-
(a) any power of a court, in any civil proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion:
і
42
CAP. 8)
Interpretation, application to arbitrations etc. and savings. [cf. 1972 c. 30, s. 5.)
(Cap. 4, sub. leg.)
(Cap. 4.)
Evidence
[1984 Ed.
to the Judicial Committee as such) from any decision of any court of Hong Kong or of any other country or territory.
(5) For the purposes of this section a finding or decision on any such question as is mentioned in subsection (2) shall be taken to be reported or recorded in citable form if, but only if, it is reported or recorded in writing in a report, transcript or other document which, if that question had been a question as to the law of Hong Kong, could be cited as an authority in legal proceedings in Hong Kong.
(49 of 1973, s. 5 incorporated. Amended, 37 of 1984, s. 11)
60. (1) In this Part, unless the context otherwise requires, "civil proceedings” includes, in addition to civil proceedings in any
court-
(a) civil proceedings before any tribunal, being proceedings in
relation to which the strict rules of evidence apply; and
(b) an arbitration or reference, whether under an enactment or
not,
but does not include civil proceedings in relation to which the strict rules of evidence do not apply.
(2) In this Part, unless the context otherwise requires-
"court" does not include a court-martial, and, in relation to an arbitration or reference, means the arbitrator or umpire and, in relation to proceedings before a tribunal (not being a court), means the tribunal;
"legal proceedings" includes an arbitration or reference, whether
under an enactment or not; (Amended, 65 of 1980, s. 7) "rules" means the Rules of the Supreme Court made under section 54 of the Supreme Court Ordinance. { Added, 65 of 1980, s. 7)
(3) For the purposes of the application of sections 57 and 59 in relation to any such civil proceedings as are mentioned in subsection (1)(a) or (b), any rules made under section 54 of the Supreme Court Ordinance shall (except in so far as their operation is excluded by agreement) apply, subject to such modifications as may be appropriate, in like manner as they apply in relation to civil proceedings in the High Court. (Amended, 65 of 1980, s. 7)
(4) If any question arises as to what are. for the purposes of any such civil proceedings as are mentioned in subsection (1)(a) or (b), the appropriate modifications of any such rule as is mentioned in subsection (3), that question shall, in default of agreement. be determined by the tribunal or the arbitration or umpire, as the case may be.
(5) Nothing in this Part shall prejudice-
(a) any power of a court, in any civil proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion:
No comments yet.
Private notes are available after approval.