### Evidence Ordinance 《證據條例》

45. Interpretation and savings
(1) In sections 42 to 44, unless the context otherwise requires, proceedings (法律程序) includes arbitrations and references. 
(2) Nothing in sections 42 to 44 shall prejudice the admissibility of any evidence which would apart from the provisions of those sections be admissible. 
(Replaced 25 of 1969 s. 5)[cf. 1938 c. 28 s. 6 U.K.; 1968 c. 64 s. 20(2) U.K.]Editorial Note:
Section 45 came into operation on 1 December 1970 for the purposes of the following civil proceedings—
(a) proceedings (other than proceedings in bankruptcy) in the High Court and the District Court;
(b) proceedings before any tribunal, other than a court, to which the strict rules of evidence apply;
(c) arbitrations and references to which the strict rules of evidence apply;
(d) applications and appeals arising out of the proceedings mentioned in paragraphs (a) to (c).
(See L.N. 154 of 1970)

46. Interpretation
In this Part, unless the context otherwise requires—
civil proceedings (民事法律程序) means civil proceedings, before any court, in relation to which strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to the court (法院、法庭) and rules of court (法院規則) shall be construed accordingly;
copy (副本), in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;
court (法院、法庭) includes any tribunal;
document (文件) means anything in which information of any description is recorded;

hearsay (傳聞)—
(a) means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated;
(b) includes hearsay of whatever degree;

oral evidence (口頭證據) includes evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs;

original statement (原陳述), in relation to hearsay evidence, means the underlying statement, if any, made by—
(a) in the case of evidence of fact, a person having personal knowledge of that fact;
(b) in the case of evidence of opinion, the person whose opinion it is;

statement (陳述) means any representation of fact or opinion, however made.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 ss. 1(2), 9(4), 11 & 13 U.K.]

### Evidence Ordinance 《證據條例》

47. Admissibility of hearsay evidence
(1) In civil proceedings evidence shall not be excluded on the ground that it is hearsay unless—
(a) a party against whom the evidence is to be adduced objects to the admission of the evidence; and
(b) the court is satisfied, having regard to the circumstances of the case, that the exclusion of the evidence is not prejudicial to the interests of justice.
(2) The court may determine whether or not to exclude evidence on the ground that it is hearsay—
(a) in the case of civil proceedings before a jury, at the beginning of the proceedings and in the absence of the jury;
(b) in the case of any other civil proceedings, at the conclusion of the proceedings.
(3) Nothing in this Part shall affect the admissibility of evidence admissible apart from this section.
(4) The provisions of sections 48 to 51 shall not apply in relation to hearsay evidence admissible apart from this section, notwithstanding that it may also be admissible by virtue of this section. 
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 1(1), (3) & (4) U.K.]

### Evidence Ordinance 《證據條例》

47A. Notice of proposal to adduce hearsay evidence
(1) Provision may be made by rules of court—
(a) specifying hearsay evidence in relation to which subsection (2) shall apply; and
(b) as to the manner in which (including the time within which) the duties imposed by that subsection shall be complied with in the cases where it does apply.
(2) A party proposing to adduce in civil proceedings hearsay evidence which falls within subsection (1)(a) shall, subject to subsections (3) and (4), give to the other party or parties to the proceedings—
(a) such notice, if any, of that fact; and
(b) on request, such particulars of or relating to the evidence,
as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay.
(3) Subsection (2) may be excluded by agreement of the parties, and compliance with the duty to give notice may in any case be waived by the person to whom notice is required to be given.
(4) A failure to comply with subsection (2), or with rules under subsection (1)(b), shall not affect the admissibility of the evidence but may be taken into account by the court—
(a) in considering the exercise of its powers with respect to the course of proceedings and costs; and
(b) as a matter adversely affecting the weight to be given to the evidence in accordance with section 49.
(Added 2 of 1999 s. 2)[cf. 1995 c. 38 s. 2 U.K.]

48. Power to call witness for cross-examination on hearsay statement, etc.
Rules of court may provide that where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness—
(a) any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief;
(b) any party to the proceedings may call additional evidence to attack or support the reliability of the hearsay statement or to attack or support the reliability of that additional evidence.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 3 U.K.]

### Evidence Ordinance 《證據條例》

49. Considerations relevant to weighing of hearsay evidence
(1) In estimating the weight, if any, to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.
(2) For the purposes of subsection (1), regard may be had, in particular, to the following—
(a) whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;
(b) whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;
(c) whether the evidence involves multiple hearsay;
(d) whether any person involved had any motive to conceal or misrepresent matters;
(e) whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;
(f) whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight;
(g) whether or not the evidence adduced by the party is consistent with any evidence previously adduced by the party.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 4 U.K.]