Kristing Laws
as Juries.
Ties of
Tvidence con- time in Force.
Power to admit addarita.
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 the same may not be inconsistent with any provision 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 this code.
2.-The Court shall have power, in its discretion, to permit that the evid nee in any case, or as to any particular matter, should be taken by affidavit, or that affidavits of any witnesses be read at the trial: Provided always that every witness making an affida: it so received shall be liable Cross-examinu to cross-examination in open Court, unless the Court shall direct the cross-
examination to take place in any other manner.
tions thereon.
Where Cross-
examination
3. The Court inay, in its discretion, if the interests of justice appear not practicable. absolutely so to require, admit an affidavit in evidence, although it is shown that 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 ic admit.
Any Person may be sum.
moned by the
13 A
Сед Witness.
Iwompetency f»n immature
A re.
Unsound. newof 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 ot] rwise 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 as 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 docum at in his possession on a day to be appointed, and may examine such person as a witness.
6.-The following persons only shall be incompetent to testify:-
(a.) Children under seven years of age, uuless they shall appear capable of receiving just impressions of the facts respecting which they are examined and or relating them truly (b.) Persons of unsound mind, who, at the time of their examina- tion, appear incapable of receiving just impressions of the facts respecting which they are examined or o 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 rolat ng to a matter not relevant
lie Witness to the suit or proceeding, except in so far as it affe ts the credit of the witress by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it think fit, warn the witness that he is not obliged to answer it.
ing certain
Questions.
Rionable Grounds for sera Question.
Questions in- decent and meandalous,
Nordlessly clusive.
8. No such question shall be asked, unless the person asking it has reasonable grounds for believing that the imputation.it conveys is well Jounded.
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 t ey relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in isse existed.
10. The Court shall orbid 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 forn).