12. How is expert evidence used to prove foreign law?

Foreign law is treated as a question of fact in Hong Kong civil proceedings. It must therefore be proved by evidence, usually by expert evidence.

Under section 59 of the Evidence Ordinance (Cap. 8), a person is competent to give expert evidence on foreign law if he is suitably qualified by knowledge or experience. The person does not necessarily have to be a practising lawyer in the foreign jurisdiction, provided he has the necessary expertise.

If a Hong Kong court has previously made a finding on a point of foreign law, that finding may be admissible as evidence of the foreign law in later proceedings. However, the party seeking to rely on that previous finding must comply with the notice requirements under Order 38, rule 7 of the RHC or RDC.