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CAP. 8
Evidence
[1984 Ed.
Interpretation. 1975 c. 34, s. 9(1),
Application to the High Court for assistance in obtaining evidence for civil proceedings in another court. 1975 c. 34. s. 1.
Power of a court in Hong Kong to give effect to an application for assistance. 1975 c. 34. s. 2.
PART VIII
EVIDENCE FOR PROCEEDINGS IN OTHER JURISDICTIONS
74. In this Part, unless the context otherwise requires-
"civil proceedings", in relation to the requesting court, means proceedings in any civil or commercial matter;
"requesting court" has the meaning given in section 75;
"request" includes any commission, order or other process issued by or on behalf of the requesting court.
Evidence for civil proceedings
75. Where an application is made to the High Court for an order for evidence to be obtained in Hong Kong and the court is satisfied-
(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal (“the requesting court") exercising jurisdiction in a country or territory outside Hong Kong; and
(b) that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated,
the High Court shall have the powers conferred on it by this Part.
76. (1) Subject to this section, the High Court shall have power, on any such application as is mentioned in section 75, by order to make such provision for obtaining evidence in Hong Kong as may appear to the court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made; and any such order may require a person specified therein to take such steps as the court considers appropriate for that purpose.
(2) Without prejudice to the generality of subsection (1) but subject to this section, an order under this section may, in particular, make provision-
(a) for the examination of witnesses, either orally or in writing;
(b) for the production of documents;
(c) for the inspection, photographing, preservation, custody or detention of any property;
(d) for the taking of samples of any property and the carrying out of any experiments on or with any property;
(e) for the medical examination of any person.
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