To what extent have the amendments to the EA remedied the problems with the EA

Changes made under the EA

- Reform law on computer output evidence:
o Repeal of s35, 36
o Presumptions in favour of electronic of electronic records: s116A
o Treatment of documents in the form of electronic records as primary evidence: s64
- Hearsay
o Exceptions to hearsay no longer depend on the unavailability of the maker: s32
o Extension of the business records exceptions: s32(b)
o Application of hearsay rules to opinion evidence: s32B
o CPC exceptions: ss 32A & 32C
o Judicial discretion to exclude evidence if it is in the interests of justice
o MP Comments
Hri: Abolish hearsay, judges are capable of exercising his discretion and
accord weight. Availability of appellate process. Simplification of legal rules.
Existing legal fiction as there is no jury system, information is at the back of
the judges mind better to be dealt with upfront
NB. Floodgates argument is unlikely, not in the interests of the litigant
to put forward a mass of multiple hearsay statements
Lawyers are likely to rely on the best evidence anyway
Reply: reasons that rule continue to play a part. Purpose of new
exceptions is not to open everything but to give judges the freedom to
sieve through the evidence and see which should be allowed in the
interests of justice
Cf Sylvia Lim: hearsay rules in civil case can be relaxed but should be kept
strict in criminal cases
Accuseds life and liberty at stake, default position of requiring the best
and most reliable evidence
Question of whether it will undo the rule in Lee Chez Kee that evidence
from accomplices not jointly tried cannot come under the hearsay
exception
o Reply: Will not undo effect
Question of lowering the bar for standards in criminal trials
o Reply: No difference. If irrelevant or unreliable than it is
inadmissible. Trust in judges
Desmond Lee:
Use of s32(1)(j)(i): Out of court statement by one who is dead. CF
s32(1)(a): statements made relating to the cause of death.
Overlapping? Usefulness?
o Reply: accept overlap of case law but retain due to body of case
law
S32(1)(c): definition of interests is too narrow. Should expand to include
other kinds of reputational and general interests.
Residual power to recognise other cats of hearsay
o Reply: as good as abolishing the hearsay rule. No go

Expert Opinion
o Removal of categorisation of areas which require expert opinion
So long as the question is one of scientific, technical or other specialised
knowledge
o Removal of common knowledge rule:
o Judicial discretion to exclude evidence if it is in the interests of justice
o MPs Comments
Desmond Lee: Any deterrence against clearly biased expert witnesses who
obfuscate issues and complicate legal proceedings?

Legal professional privilege

o Extension to include communications with in-house legal counsel which is made for
the purpose of seeking legal advice
o Application of privilege to interpreters and other persons who work under the
supervision of in-house legal counsel
o MPs Comments
Hri:
Whether communications between companies and related LLPs enjoy
privilege & fraud committed in company and role of the in-house
counsel. Not accorded privilege if fraud occurs after the employment of
the in-house
o Reply: anything observed which amounts to a crime or fraud
after employment is not protected
o Where purpose of bringing attention to the in-house is to get
advice in respect of the subject matter of fraud, it would be
covered by privileged
Desmond Lee:
expand to pro bono and other situations where there is no
remuneration?
Legal advice for cross border transactions? Foreign lawyer
o Reply: no intention to extend
Codification of principle that items subject to lpp is not susceptible to
seizure by law
o Reply: Matter of procedure. To be dealt with by revision to CPC
Expand LAP to cover material that is prepared by a third party for the
dominant purpose of seeking legal advice
o Reply: will be considered carefully due to the potential of abuse

Abolishing impeachment of credit of rape victim on the grounds of generally immoral

character: s157(d)
Desmond Lee: general discretion to exclude prejudicial evidence
o Reply: already exist in common law, subject to reply