.710
Taking of notes of evidence.
H. K. Code, s. 62 (11.)
Recording of remarks on demeanour of witness. Indian Code, s. 188.
Use of notes of evidence. New!
Taking of objection to evidence. H. K. Code, s. 62 (13.), (14.)
Putting in of evidence by affidavits, etc.
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901.
306, The Court shall take a note of the vivâ voce evidence, and shall put down the terms of any particular question or answer, if there appears to be any special reason for doing so.
307. The Court may record on the notes of evidence such remarks as it thinks material respecting the demeanour of any witness while under examination.
308.-(1.) Any party to a cause shall be entitled, on application to the Registrar and on payment of the prescribed fee, to have an office copy of the notes of evidence taken in such cause or of any portion thereof.
(2.) On application by any other person and on reasonable cause being shown for such application, the Court may order that such person shall, on payment of the prescribed fee, have an office copy of the notes of evidence taken in such cause or of any portion thereof: Provided that, on granting any such application, the Court may impose such terms as to publication or other use of the said notes as the Court may think proper.
(3.) An office copy of the notes of evidence taken in any cause shall be admissible, saving all just exceptions, in the same or any other cause as evidence that vivâ voce evidence was given before the Court as therein appearing.
309.-(1.) Any objection to evidence must be taken at the time when the question objected to is put, or, in case of documentary evidence, when the same is about to be put in, and must be argued and decided at the time.
(2.) Where a question put to a witness is objected to, the Court, unless the objection appears to be frivolous, shall take a note of the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it if allowed.
310. Where any evidence is by affidavit or has been taken by commission or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after the vivâ voce evidence on his part has been concluded.
Reading of documentary evidence. H. K. s. 62 (16.)
Marking and disposal of document put in evidence. H. K. s. 62 (17.).
311. Documentary evidence must be put in and read, or taken as read by consent.
312. Every document put in evidence shall be marked by the officers of the Court at the time, and shall be retained by the Court during the trial, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.