### Evidence Ordinance 《證據條例》

3. Incompetency from immature age or unsoundness of mind
The following persons only shall be incompetent to give evidence in any proceedings—
*(a) (Repealed 70 of 1995 s. 2)(b) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the court or person before whom his attendance is required.
Editorial Note:
* Section 3(a) was repealed by section 2 of 70 of 1995. Please note section 1(2) of 70 of 1995. It reads as follows—

“Sections 2 and 3 do not apply in relation to—
(a) any trial; or
(b) any committal proceedings within the meaning of section 71A of the Magistrates Ordinance (Cap. 227),
that commenced before the commencement# of this Ordinance.”.
#70 of 1995 commenced operation on 28 July 1995.

4. Evidence given by children*
(1) In this section, child (兒童) means a person under 14 years of age.
(2) A child’s evidence in criminal proceedings shall be given unsworn and shall be capable of corroborating the evidence, sworn or unsworn, given by any other person.
(3) A deposition of a child’s unsworn evidence may be taken for the purposes of criminal proceedings as if that evidence had been given on oath.
(Replaced 70 of 1995 s. 3)Editorial Note:
* Section 4 was replaced by section 3 of 70 of 1995. Please note section 1(2) of 70 of 1995. It reads as follows—

“Sections 2 and 3 do not apply in relation to—
(a) any trial; or
(b) any committal proceedings within the meaning of section 71A of the Magistrates Ordinance (Cap. 227),
that commenced before the commencement# of this Ordinance.”.
#70 of 1995 commenced operation on 28 July 1995.

### Evidence Ordinance 《證據條例》

4A. Abolition of corroboration rule in respect of evidence given by a child*
(1) Any requirement whereby at a trial by and before a judge and jury it is obligatory for the judge to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is hereby abrogated in relation to cases where such a warning is required by reason only that the evidence is the evidence of a child.
(2) Any requirement that is applicable at a trial by a judge or magistrate and corresponds to the requirement mentioned in subsection (1) is hereby abrogated.
(Added 70 of 1995 s. 3)Editorial Note:
* Section 4A was added by section 3 of 70 of 1995. Please note section 1(2) of 70 of 1995. It reads as follows—

“Sections 2 and 3 do not apply in relation to—
(a) any trial; or
(b) any committal proceedings within the meaning of section 71A of the Magistrates Ordinance (Cap. 227),
that commenced before the commencement# of this Ordinance.”.
#70 of 1995 commenced operation on 28 July 1995.

4B. Abolition of corroboration rule in respect of sexual offences
(1) Any requirement whereby at a trial by and before a judge and jury it is obligatory for the judge to give the jury a warning about convicting the accused of an offence under Part VI or XII of the Crimes Ordinance (Cap. 200) on the uncorroborated evidence of a person merely because that person is the person in respect of whom that offence is alleged to have been committed is hereby abrogated.
(2) Any requirement that is applicable at a trial by a judge or magistrate and corresponds to the requirement mentioned in subsection (1) is hereby abrogated.
(3) This section shall not apply to—
(a) any trial; or
(b) any committal proceedings within the meaning of section 71A of the Magistrates Ordinance (Cap. 227),
that commenced before the commencement* of this section.
(Added 43 of 2000 s. 2) Editorial Note:
* Commencement date: 30 June 2000

### Evidence Ordinance 《證據條例》

5. Evidence of parties
In all proceedings before the court, the parties and the husbands and wives of the parties thereto, and the persons in whose behalf any proceedings may be brought, or instituted, or opposed, or defended, and the husbands and wives of such persons shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the proceedings.
(Amended 27 of 1937 Schedule)[cf. 1851 c. 99 s. 2 U.K.; 1853 c. 83 s. 1 U.K.]

6. Evidence of husband and wife
Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceedings.
[cf. 1851 c. 99 s. 3 U.K.; 1853 c. 83 s. 2 U.K.]

7. Privilege of husband and wife
In criminal proceedings, a husband shall not be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage.
(Amended 9 of 1908 s. 2; 25 of 1969 s. 2)[cf. 1853 c. 83 s. 3 U.K.]

8. Evidence of access
(1) Notwithstanding any rule of law, the evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them at any period.
(2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid.
(Added 37 of 1950 Schedule)[cf. 1949 c. 100 U.K.]

9. No incapacity from crime or interest
No person offered as a witness in any proceedings shall be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the court, on the trial or hearing of any proceedings or at any stage thereof.
(Amended 50 of 1911 s. 4)[cf. 1843 c. 85 s. 1 U.K.]