Lawe
Existing ies. as to Jur
Rules of
300
CODE OF CIVIL PROCEDURE-HONGKONG
7.—All the existing laws relating to juries shall be deemed to continue in full force and effect so far as te same may not be inconsistent with any pr vision of this code.
CHAPTER VIII.-EVIDENCE AT THE HEARING.
Fxisting Rules-New Provisions.
LIV. The existing rules of evidence shall continue in full force and effect so far as the same are not modified by any provisions of tinue in Force. this code.
Evidence con-
Power to admit Affidavits.
Cross-examina- tions thereon.
Where Cross- examination
2. The Court shall have power, in its discretion, to permit that the evid. nce in any case, or as to any particular matter, should be taken by affidavit, or tha affidavits of any wi nesses be read at the trial: Provided always that every witness making an affidavit so received shall be liable to cross-examination in open Court, unless the Court shall direct the cross- examination to take place in any other manner.
3.-The Court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence, although it is not practicable. shown tl at the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person making the affidavit.
Order of Court to adu..t.
Any Person may be sum-
moned by the Court as a Witness.
Incompetency
from immature
Age.
Or Unsound-
ness of Mind.
Court may
from answer-
4.—No affidavit of any witness shall be read at the trial under the provisions hereinbe ore contained, except in pursuance of an order of Court obtained on summons before trial, unless the Court shall think fit under the circumstances otherwise to direct, upon such terms as seem just.
5.-If the Court at any time think it necessary for the ends of justice to examine any person other than a party to the suit, and not named us a witness by a party to the suit, the Court may, of its own accord, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession on a day to be appointed, and may examine such person as a witness.
6.-The 'ollowing persons only shall be incompetent to testify:-
(a.) Children under seven years of age, unless they shall appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly :-- (b.) Persons of unsouud miod, who, at the time of their examina- tion, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness, without the consent previously obtained of the Court or person b fore whom his attendance is required.
7.—If a witness be asked any question relating to a matter not relevant relieve Witness to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to auswer it, and may, if it think fit, warn the witness that he is not obliged to answer it.
ing certain
Questions.
Reasonable Grounds for such Questior.
Questions in- desert and scandalous.
Needlessly efensive.
8.-No such question shall be asked, unless the person asking it has reasonable grounds for believing that the imputation it conveys is well founded.
9.-The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.
10.-The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.