1062 THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
Order for
examination of witnesses in the Colony
in relation
to any civil
or commercial matter pend- ing before a
foreign tribunal. (19 and 20
V. c. 113 s. L.)
Certificate of Ambassador. &c., sufficient evidence in support of application. (19 and 20 V. c. 113 s. 2.)
Examination
of wituess under ss. 41, 42 (19 and 20 V. c. 113, s. 3.22 V.c. 20 B. 6.)
Payment of
expenses (19 and 20
V. c. 113 s. 4, (22 Y. 6. 20
. 3.)
Perseus to have right of refusal to miswer ques tions and to produce documents. (19 and 24
Y. e. 1.
and in manner and form directed by such commission, order or other process as aforesaid of such witness or wit- nesses accordingly so far as not repugnant to the laws and practice of the Colony; and it shall be lawful for the said Court or any judge thereof by the same order or by any subsequent order, to command the attendance of any person to be named in such order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith as may appear reasonable and just; and any such order may be enforced, and any dis- obedience thereof punished, in like manier as in case of an order made by the Supreme Court or any judge thereof in any suit or other proceeding depending in such Court or before any such judge.
42. Where upon an application by summons for this purpose, it is made to appear to the Supreme Court or any judge thereof that any Court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial proceedings are pending, is desirous of obtain- ing the testimony in relation to such proceedings of any witness or witnesses within the jurisdiction of the Supreme Court it shall be lawful for the Supreme Court or any judge thereof to order the examination upon oath, upon interrogatories or otherwise, before any person or persons named in such order, of such witness or witnesses accordingly; and it shall be lawful for the Supreme Court or any judge thereof by the same order or by any subsequent order, to command the attendance of any person to be named in such order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place and manner of such examination, and all other matters connected therewith, as may appear reasonable and just; and any such order may be enforced in like man- ner as an order made by the Supreme Court or any judge thereof in any suit depending in such Court or before such judge.
43. A certificate under the hand of the ambassador, minister or other Diplomatic agent of any foreign power, received as such by the Governor or in case there be no such Diplomatic agent, then of the Consul-General or Consul of any such foreign power in the Colony received and admitted as such by the Governor that any such pro- ceedings in relation to which an application is made under the last section of this Ordinance is a civil or commercial suit or matter pending before a Court or tribunal in the country of which he is the diplomatic agent or Consul, having jurisdiction in the proceedings so pending and that such Court or tribunal is desirous of obtaining the testimony of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced other evidence to that effect shall be admissible.
44. When under any such commission, order or other process as mentioned in section 41 or under any order made under section 42 of this Ordinance, any witness is to be examined, such witness shall be examined on oath, affirma- tion and declaration, and declaration alone or otherwise according to the law and practice of the Colony; Provided always,--
(1.) That every person whose attendance shall be re- quired under any such commission order or other process shall be entitled to the like conduct money and payment of expenses and loss of time as upon attendance at the trial or hearing of any suit or other proceeding before the Supreme Court; and
(2.) That every person examined under any such com- mission, order or other process shall have the like right to refuse to answer questions tending to criminate himself, and all such other questions to which he would be entitled to object in similar proceedings before the Supreme Court; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be com- pellable to produce at the trial or the hearing in the Supreme Court.