### Evidence Ordinance 《證據條例》

77E. Issue of letter of request to obtain evidence in criminal proceedings
(1) Where it appears to the Court of First Instance that any criminal proceedings—
(a) have been instituted in Hong Kong; or
(b) are likely to be instituted in Hong Kong if evidence is obtained for the purposes of those criminal proceedings by virtue of an order made under this section,

the Court of First Instance may order that a letter of request shall be issued and transmitted in such manner as the Court of First Instance may direct to a court or tribunal specified in the order and exercising jurisdiction in a place outside Hong Kong, requesting such court or tribunal to assist in obtaining evidence for the purposes of those criminal proceedings.
(2) An order under this section shall specify the evidence to be obtained and, in the case of evidence to be obtained—
(a) by the examination of any person as a witness by any means (including by way of a live television link), the name and particulars of such person or such other particulars by reference to his office or employment as may be sufficient to ascertain his identity; or (Amended 23 of 2003 s. 16)
(b) by the production of any document or thing, the nature of such document or thing or a description thereof.
(3) An application to the Court of First Instance for an order under this section may be made ex parte supported by affidavit—
(a) in respect of criminal proceedings referred to in subsection (1)(a), by the Secretary for Justice or any person charged with an offence to which such criminal proceedings relate; or
(b) in respect of criminal proceedings referred to in subsection (1)(b), by the Secretary for Justice. (Amended L.N. 362 of 1997)
(4) A letter of request ordered to be issued by the Court of First Instance under this section shall be issued by the Registrar of the High Court (in this Part referred to as the Registrar

### Evidence Ordinance 《證據條例》

77G. Provisions supplementary to sections 77E and 77F
(1) Where under this Part it is relevant for the purposes of any criminal proceedings to prove any particular or matter in respect of a deponent or a deposition, or any document or thing exhibited or annexed to a deposition, such matter or particular may be proved by an averment contained in the deposition stating that particular or matter.
(2) Where any deposition having exhibited or annexed thereto a document of a kind referred to in section 77F(2)(c) is admitted in evidence by virtue of section 77F, section 22(3) and (4) shall apply in relation to any statement contained in that document as they apply in relation to a statement given in evidence by virtue of section 22.
(3) Section 22A(4) and (9) shall apply for the purposes of section 77F(2)(d) as they apply for the purposes of section 22A.
(4) Section 22B(2) and (3) shall apply in relation to a statement contained in any document exhibited or annexed to any deposition admitted in evidence under this Part as they apply in relation to a statement admitted in evidence by virtue of section 22 or 22A.
(4A) References in this Part to a deposition, to the extent that it is received by the Secretary for Justice pursuant to a request under section 9(1) of the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525), include references to an affidavit, affirmation or declaration made under an obligation to state the truth according to the law of the place where the affidavit, affirmation or declaration is made; and references to a deponent are to be construed accordingly. (Added 18 of 2014 s. 49)
(5) References in this Part to a document or thing exhibited or annexed to a deposition include references to a document or thing referred to in the deposition as a document or thing exhibited or annexed thereto.
(6) In this Part document (文件), copy (副本) and statement (陳述) have the same meaning as in Part IV.

### Evidence Ordinance 《證據條例》

78. Impounding of forged document or false instrument admitted in evidence
Whenever any forged document or false instrument has been admitted in evidence by virtue of this Ordinance, the court or the person who has admitted the same, may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of such officer of the court or other proper person, for such period, and subject to such conditions as to the court or person may seem meet.
(Amended 11 of 1922 s. 19; 15 of 1924 s. 21; 49 of 1992 s. 5)[cf. 1845 c. 113 s. 4 U.K.; 1851 c. 99 s. 17 U.K.]

79. Admissibility of certain medical notes and reports
In any prosecution for murder or manslaughter any medical notes or report by any Government medical officer which purport to relate to the deceased shall be admissible in evidence upon proof of the handwriting of such Government medical officer, and upon proof of his death or absence from Hong Kong.
(20 of 1922 s. 9 incorporated by 5 of 1924 s. 21. Amended 37 of 1984 s. 11)

80. Observations and evidence of accused person before magistrate to be taken down and to be admissible at trial
On the hearing of any indictable offence it shall be the duty of the magistrate to take down in the minute of proceedings any material statement or observation made, and any evidence given, by the accused in the course of the proceedings, and, without prejudice to any other method of proof, any such statement or observation or evidence so taken down shall be admissible in evidence against the accused on his trial upon production of the minute of proceedings.
(20 of 1922 s. 10 incorporated by 5 of 1924 s. 21)