1984 Ed.]
Evidence
[CAP. 8
47
(2) [Deleted, 2 of 1977, s. 2]
(3) Section 65(5) shall apply for the purposes of this section as it applies for the purposes of that section.
(Added, 25 of 1969, s. 7)
General
68. (1) In Part IV and this Part, unless the context otherwise requires, "civil proceedings" includes, in addition to civil proceedings in any court-
(a) civil proceedings before any other 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 Part IV and 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.
(3) For the avoidance of doubt it is declared that in Part IV and this Part, and in any amendment made by the Evidence (Amendment) Ordinance 1969 to any other enactment, references to a person's husband or wife do not include references to a person who is no longer married to that person.
(4) Nothing in Part IV or this Part shall prejudice the operation of any enactment which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described).
In this subsection the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.
(5) Nothing in Part IV or this Part shall prejudice-
(a) any power of a court, in any legal proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion; or
(b) the operation of any agreement (whenever made) between the parties to any legal proceedings as to the evidence which is to be admissible (whether generally or for any particular purpose) in those proceedings.
Interpretation and savings of Parts IV and VI. [cf. 1968 c. 64, s. 18.]
(25 of 1969.)
1984 Ed.]
Evidence
[CAP. 8
47
(2) [Deleted, 2 of 1977, s. 2]
(3) Section 65(5) shall apply for the purposes of this section as it applies for the purposes of that section.
( Added, 25 of 1969, s. 7)
General
68. (1) In Part IV and this Part, unless the context otherwise requires, "civil proceedings" includes, in addition to civil proceed- ings in any court-
(a) civil proceedings before any other tribunal, being pro- ceedings 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 Part IV and 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.
(3) For the avoidance of doubt it is declared that in Part IV and this Part, and in any amendment made by the Evidence (Amendment) Ordinance 1969 to any other enactment, references to a person's husband or wife do not include references to a person who is no longer married to that person.
(4) Nothing in Part IV or this Part shall prejudice the opera- tion of any enactment which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described).
In this subsection the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing informa- tion, making discovery, producing documents or otherwise.
(5) Nothing in Part IV or this Part shall prejudice-
(a) any power of a court, in any legal proceedings, to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion; or
(b) the operation of any agreement (whenever made) between the parties to any legal proceedings as to the evidence which is to be admissible (whether generally or for any particular purpose) in those proceedings.
Interpretation
and savings of Parts IV and VI. [cf. 1968 c. 64. s 18.]
(25 of 1969.)
No comments yet.
Private notes are available after approval.