CODE OF CIVIL PROCEDURE-HONGKONG
303
Refusal-Costs,
2.-In case of refusal or neglect to admit, the costs of proof of the Consequence of document or fact shall be paid by the party refusing or neglecting, what- ever be the result of the cause, unless the Court is of opinion that the refusal or neg et to admit was reasonable.
where no
3.-No costs of proof of any document or fa t shall be allowed unless Costs of Proof such notice has been given, except in cases where the omission to give the Notice given. notice has, in the opinion of the Court, produced a saving of expense.
Inspection and Production of Documents,
order.
LX. The Court may in its discretion, on the application of any of Court may the parties to any suit or proceeding, compel any other pa ty to allow the applicant to inspect all or any documents in the custody or under the control of such other party relating to such suit or proceeding, and, if necessary, to take examined copies of the same or to procure the same to be duly stamped.
produce.
2.-Whenever any of the parties to a suit is desirous that any docu- Notice to ment, writing, or other thing, which he believes to be in the po-session or power of another of the pa ties thereto, should be pro luced at any hearing of the suit, he shall, at the earliest opportunity, serve the party in whose possession or power he believes the o ument, writing, or other thing to be, with a notice in writing, calling upon him to pro luce the same.
produce.
3. In case it shall appear to the satisfaction of the Court that there is Order to reasonable ground to believe that such document or thing will not be pro- duced pursuant to such notice, the Court may make an order for the production of the same at the hearing of the suit by the party served with such notice.
4.—A witness, whether a party or not, shai not be bound to produce Documents any document relating to affairs of State, the production of which would relating to be contrary to good poli y, nor any document held by him for any other o. person who woull not be bound to produce it if in his own possession.
Affairs of State,
sent in Court
5. Any person present in the Cort, whether a party or not, may be Persons pre- called upon and compelled by the Court to give evidence, and produce any compelled to do ument then and there in his actual possession, or in his power, in the give Evidence. same manner an I subject to the same rules as if he had been summoned to attend an give evidence, or to produce such document, and may be punished in like manner for any refusal to obey the order of the Court.
be summoned
6.-Any person, whether a party to the suit or not, may be summoned Persons may to produce a document without being summone I to give eviden e, an any merely to pro- person summoned merely to produce a document shall be deemed to have duce Docu- complied with the summons, if he cause such document to be produced in teal of attending personally to pro luce the same.
CHAPTER IX.-THE HEARING. Non-attendance of Parties.
ments.
of both Parties.
LXI. When a cause in the hearing-paper has been calle on, if Non-attendance neither party attend in person o by counsel, the Court, on being satisfied that the plaintiff has received notice of the hearing, shall, unless it sees. good reason to the contrary, strike the cause out of the hearing-paper.
2.—If the plaintiff does not attend in person or by counsel, the Court, Of Plaintiff. on being satisfied that the p'aintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike out the cause, and make such order as to costs in favour of any def n lant appearing as seems just.
3.—If the plaintiff atten is, but the defendant or any of the defendants Of Defendant, does or do not attend in person or by counsel, the Court shall, before hearing the cause, inquire into the service of the writ of summons and petition and of notice of hearing on the absent party or parties.
4.--If not satisfied as to the service on every party, the Court shall Further Service, direct such further service to be made as it shall think fit, and adjourn the hearing of the ause for that purpose.
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