### Evidence Ordinance 《證據條例》

50. Competence and credibility
(1) Hearsay evidence shall not be admitted in civil proceedings if or to the extent that it is—
(a) shown to consist of; or
(b) to be proved by means of,
a statement made by a person who at the time he made the statement was not competent as a witness.
(2) Subject to subsection (3), where in civil proceedings hearsay evidence is adduced and the maker of the original statement, or of any statement relied upon to prove another statement, is not called as a witness—
(a) evidence which if he had been so called would be admissible for the purpose of attacking or supporting his credibility as a witness is admissible for that purpose in the proceedings; and
(b) evidence tending to prove that, whether before or after he made the statement, he made any other statement inconsistent with it is admissible for the purpose of showing that he had contradicted himself.
(3) Evidence shall not be given under subsection (2) of any matter of which, if the maker referred to in that subsection had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.
(4) In subsection (1), not competent as a witness (沒有資格作證人) means suffering from such mental or physical incapacity, or lack of understanding, as would render a person incompetent as a witness in civil proceedings.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 5 U.K.]

### Evidence Ordinance 《證據條例》

51. Previous statements of witnesses
(1) Subject to subsections (2) to (7), the provisions of this Part as to hearsay evidence in civil proceedings shall apply equally, but with any necessary modifications, in relation to a previous statement made by a person called as a witness in the proceedings.
(2) Subject to subsection (3), a party who has called or intends to call a person as a witness in civil proceedings shall not in those proceedings adduce evidence of a previous statement made by that person, except—
(a) with the leave of the court; or
(b) for the purpose of rebutting a suggestion that his evidence has been fabricated.
(3) Subsection (2) shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead) from being adopted by a witness in giving evidence or treated as his evidence.
(4) Subject to subsection (5), where in the case of civil proceedings section 12, 13 or 14 applies, this Part shall not authorize the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.
(5) Subsection (4) is without prejudice to any provision made by rules of court under section 48.
(6) Nothing in this Part shall affect any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
(7) Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 47 as evidence of the matters stated.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 6 U.K.]

### Evidence Ordinance 《證據條例》

52. Evidence formerly admissible at common law
(1) The common law rule effectively preserved by section 54(1) and (2)(a) of this Ordinance (admissibility of admissions adverse to a party) as in force immediately before the relevant day is superseded by the provisions of this Part.
(2) The common law rules effectively preserved by section 54(1) and (2)(b) to (d) of this Ordinance as in force immediately before the relevant day, that is, any rule of law whereby in civil proceedings—
(a) published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated therein;
(b) public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated therein; or
(c) records (for example, the records of certain courts, treaties, Crown grants or Government grants, pardons and commissions) are admissible as evidence of facts stated therein,
shall continue to have effect.
(3) The common law rules effectively preserved by section 54(3) and (4) of this Ordinance as in force immediately before the relevant day, that is, any rule of law whereby in civil proceedings—
(a) evidence of a person’s reputation is admissible for the purpose of proving his good or bad character; or
(b) evidence of—
(i) reputation or family tradition is admissible for the purpose of proving or disproving pedigree or the existence of a marriage; or
(ii) reputation is admissible for the purpose of proving or disproving the existence of any public or general right or of identifying any person or thing,
shall continue to have effect in so far as they authorize the court to treat such evidence as proving or disproving that matter:
Provided that where any such rule applies, reputation or family tradition shall be treated for the purposes of this Part as a fact and not as a statement or multiplicity of statements about the matter in question.(4) The words in which a rule of law mentioned in this section is described are intended only to identify the rule and shall not be construed as altering it in any way.
(5) In this section, relevant day (有關日期) means the day on which section 2 of the Evidence (Amendment) Ordinance 1999 (2 of 1999) comes into operation*.
(Replaced 2 of 1999 s. 2)[cf. 1995 c. 38 s. 7 U.K.] Editorial Note:
* Date of coming into operation : 1 June 1999.