490
THE HONGKONG GOVERNMENT GAZETTE, 4TMи OCTOBER, 1873.
Where Cross- 3. The Court may, in its Discretion, if the Interests of Justice examination appear absolutely so to require, admit an Affidavit in Evidence not practicable 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 to admit.
Any Person may be sum- moned by the
Court as a Witness.
Incompetency from imma- ture Age.
Or Unsound- ness of Mind.
Court may
4. No Affidavit of any Witness shall be read at the Trial under the Provisions hereinbefore 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 à 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 Document in his Possession on a Day to be appointed, and may examine such Per- son as a Witness.
6. The following Persons only shall be incompetent to testify: (a.) Chidren 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 unsound Mind, who, at the Time of their Examination, appear incapable of receiving just Impres sions of the Pacts 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 before whom his Attendance is required.
7. If a Witness be asked any Question relating to a Matter relieve Witness not relevant to the Suit or Proceeding, except in so far as it from answer- affects the Credit of the Witness by injuring his Character, the ing certain Court shall decide whether or not the Witness shall be compelled.
to answer it, and may, if it thinks fit, warn the Witness that he is not obliged to answer it.
Questions.
Reasonable Grounds for
8. No such Question shall be asked, unless the Person asking it has reasonable Grounds for believing that the Imputation such Question. it convey is well-founded.
Questions in- decent and scandalous.
Needlessly offensive.
Entries in Books of Account.
Government Gazettes.
Proclamations,
&c.
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.
Documentary Evidence.
LV. Entries in Books of Account kept in the Course of Business with such a reasonable Degree of Regularity as shall be satisfactory to the Court shall be adinissible in Evidence when ever they refer to a Matter into which the Court has to inquire, but shall not alone be sufficient Evidence to charge any Person with Liability.
2. The Hongkong Gazette and any Government Gazette of any Country, Colony, or Dependency under the Dominion of the British Crown, may be proved by the bare Production thereof
before the Court.
:
3. All Proclamations, Acts of State, whether Legislative or Acts of State, Executive, Nominations, Appointments, and other Official Com- munications of the Government, appearing in any such Gazette, may be proved by the Production of such Gazette, and shall be prima facie Proof of any Fact of a public Nature which they were intended to notify.
Books of
4. The Court may, on Matters of public History, Literature, Science, Maps, Science, or Art, refer, for the Purposes of Evidence, to such pub- lished Books, Maps, or Charts as the Court shall consider to be of Authority on the Subject to which they relate.
Charts.
Foreign Law.
Public Maps.
5. Books printed or published under the Authority of the Govern- ment of a Foreign Country and purporting to contain the Statutes, Code, or other written Law of such Country, and also printed and published Books of Reports of Decisions of the Courts of such Country, and Books proved to be commonly admitted in such Courts as Evidence of the Law of such Country, shall be admissible as Evidence of the Law of such Foreign Country.
6. All Maps made under the Authority of any Government, or of any public Municipal Body, and not made for the Purpose of any litigated Question, shall primâ facie be deemed to be correct, and shall be admitted in Evidence without further Proof.