### Evidence Ordinance 《證據條例》

68. Interpretation and savings of Part VI
(1)  In this Part, unless the context otherwise requires, civil proceedings (民事法律程序) 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 this Part, unless the context otherwise requires—
court (法庭、法院) 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 (法律訴訟程序) includes an arbitration or reference, whether under an enactment or not.
(3) For the avoidance of doubt it is declared that in this Part, and in any amendment made by the Evidence (Amendment) Ordinance 1969 (25 of 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 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 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.
(6) Where, by reason of any defect of speech or hearing from which he is suffering, a person called as a witness in any legal proceedings gives his evidence in writing or by signs, that evidence is to be treated for the purposes of this Part as being given orally.
(Added 25 of 1969 s. 7. Amended 2 of 1999 s. 5)[cf. 1968 c. 64 s. 18 U.K.]

69. Rules
The Chief Justice shall or may make rules with regard to any matter in respect of which rules shall or may be made under this Part.
(Added 25 of 1969 s. 7. Amended 65 of 1980 s. 9)

### Evidence Ordinance 《證據條例》

70. Admissibility in evidence in criminal proceedings of deposition of person dead, etc.
Whenever it is proved by the oath of any credible witness, or in any other manner whatsoever it appears, to the satisfaction of the Court of First Instance, that the Secretary for Justice, or other person conducting a prosecution on behalf of the Crown, is unable to produce at the trial any person as a witness, in consequence of the death of such person, or of his absence from Hong Kong, or of the impracticability of serving process on him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf or because he cannot be found at his last-known place of residence in Hong Kong; and if it also appears from the certificate of the magistrate or other officer hereinafter mentioned that such person was examined before a magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath was administered to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also by the magistrate or other officer as aforesaid, so much of the evidence as would have been admissible, if the said person had been produced and examined before the said court in the ordinary manner, shall be read and received in evidence.
(Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1922 s. 2; 37 of 1984 s. 11; L.N. 362 of 1997; 25 of 1998 s. 2)[cf. 1848 c. 42 s. 17 U.K.]

71. Prima facie proof of examination having been duly taken
The production from the custody of the proper officer of the certificate referred to in section 70 shall be sufficient proof of the signature of such magistrate or other officer aforesaid, unless it is proved that such examination was not taken in manner aforesaid or was not in fact signed by the person examined or by the magistrate or officer aforesaid purporting to sign the same.
(Amended 51 of 1911; 63 of 1911 Schedule)

### Evidence Ordinance 《證據條例》

72. Objection that deposition tendered was not signed by magistrate
No objection to the reception in evidence of the examination of any person shall be permitted to prevail on the ground that the particular examination of such person was not signed by the magistrate or other officer as aforesaid, if it appears, in manner aforesaid, that the depositions wherein such examination was included were so signed.
(Amended 50 of 1911; 62 of 1911 Schedule)

### Evidence Ordinance 《證據條例》

74. Interpretation
In this Part, unless the context otherwise requires—
civil proceedings (民事法律程序), in relation to the requesting court, means proceedings in any civil or commercial matter;
live television link (電視直播聯繫) means a system in which two places are equipped with, and linked by, audio visual facilities that enable persons at one place to see and hear persons at the other place, and vice versa, at the same time; (Added 23 of 2003 s. 12)
requesting court (提出請求的法院) has the meaning given in section 75;
request (請求、請求書) includes any commission, order or other process issued by or on behalf of the requesting court.
[cf. 1975 c. 34 s. 9(1) U.K.]

75. Application to the Court of First Instance for assistance in obtaining evidence for civil proceedings in another court
Where an application is made to the Court of First Instance for an order for evidence to be obtained in Hong Kong and the court is satisfied—
(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal (the requesting court) exercising jurisdiction in a country or territory outside Hong Kong; and
(b) that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated,
the Court of First Instance shall have the powers conferred on it by this Part.
(Amended 25 of 1998 s. 2)[cf. 1975 c. 34 s. 1 U.K.]