Evidence (Amendment) Bill 1999

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Amend the Evidence Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Evidence (Amendment) Ordinance 1999.

2. Section added

The Evidence Ordinance (Cap. 8) is amended by adding---

"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.".

Consequential Amendments
Crimes Ordinance

3. Sections repealed

Sections 119(2), 120(3), 121(2), 130(2), 131(2), 132(2) and 133(3) of the Crimes Ordinance (Cap. 200) are repealed.

Explanatory Memorandum

The object of this Bill is to---

(a) amend the Evidence Ordinance (Cap. 8) to remove the requirement that a jury must be given a warning about the danger of convicting an accused charged with any sexual offence (including incest) on the uncorroborated evidence of the person in respect of whom that offence is alleged to have been committed (clause 2); and

(b) consequentially repeal certain provisions of the Crimes Ordinance (Cap. 200) which, in the case of a sexual offence, prohibit the conviction of the accused on the uncorroborated evidence of one witness only (clause 3).