Evidence of Witness in former Pro- ceedings.
324
CODE OF CIVIL PROCEDURE-HONGKONG
impose any terms or conditions with reference to the examination of such witness and admission of his evidence as to the Court may seem reasonable. Witness Dead, Insane, or not Appearing
LVIII. Where any person who might give evidence in any suit or matter is dead, insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court, can- not appear to give evidence in the suit or matter, the Court may, if it thinks it, receive proof of any evidene» given by him in any former judi- cial proceeding: Provided that the subject matter of such former judicial Subject Matter. proceeding was substantially the same as that of the existing suit and that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the with ss of whose evidence proof is to be given.
Proviso as to
Notice to adruit.
Consequence of
Admission of Documents and Facts
LIX. Where all parties to a suit are competent to make admissi›n, any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any documents or any fact, saving just exceptions.
2.—In case of refusal or negl et to admit, the costs of proof of the Refusal-Costs, document or fact sh ll 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 neglect to adınit was reas nable.
Costs of Proof where no Notice given.
Court may order.
Notice to produce.
Order to produce.
Documents relating to
c.
3.- No osts of proof o any document or fa t shall be allowed unless sech notice has b en given, except in cases where the omission to give the noti e has, in the opinion of the Court, produced a saving of expense.
Inspection and Production of Documents
LX.-The Court may in its discretion, on the appli ation of any of the paties to any suit or proceeding, compel any other party to allow the appli ant to inspect all or any do menis in the estody or under the control of such other party relating to such suit or proceding, and, if ne essary, to take exam ed copies of the same or to procure the same to be duly stamped.
2. Whenever any of the parties to a suit is desi ous that any docu- ment, writing, or other thing, which he believes to be in the po session or power of another of the parties thereto, should we proef at any hing of the sit, he shall, at the earliest opportunity, serve the party in whose possess on or power he believes the document, writing, or other thing to be, with a notice in writing, alling pon him to produce the same
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3.- In case it shall appear to the atisfaction of the Court that there is reasonable ground to believe that such d. cument or thing will not be du ed pursuant to such notice, the Cortmay make an order forth production of the sume t the boring of the suit by the party ser ed with uh notice. 4.—A witness, whether a party - not, shall not be bound to produ e any document relating to affairs of State, the pr» uction of whh would Affairs of State, be ontrary to good poli y, nor a y document hel by him for any othr
person who would not be bo nd to prod ee it if in his own possession.
5.—Any person present in the Court, whether a party or not, may be called upon and compelled by the Court to give evide ce, and produ e any document ten and there in his actual possession, or in his power, in he s>>me manner and sbject to t: e same rules as if he had been ummoned to attend and give evidence, or to produce such document, and may be punished in like manner for any refusal to obey the or er of the Court.
Persona pre- sert in Court compelled to give Evidence.
Persons maȚ be summoned merely to pro- duce Docu- ment..
6- Any person, whether a party to the suit or not, may be summoned to prod» e ao ument without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to ha e complie with the summons, if he cause such do ument to be produced in tea of attending personal y to produce the same.
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