14
CAP. 188]
Maintenance Orders (Reciprocal Enforcement)
[1981 Ed.
Obtaining of evidence needed for certain proceedings.
1972 c. 18. s. 14.
(b) set out or summarize evidence taken in such a country for
the
purpose of proceedings in a court in Hong Kong under this Ordinance, whether in response to a request made by such court or otherwise; or
(c) have been received in evidence in proceedings in a court in
such a country or to be a copy of a document so received,
shall in any proceedings in a court in Hong Kong relating to a maintenance order to which this Ordinance applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings. (Amended, 61 of 1981, s. 6)
(2) A document purporting to set out or summarize evidence given as mentioned in subsection (1)(a), or taken as mentioned in subsection (1)(b), shall be deemed to be duly authenticated for the purposes of subsection (1) if the document purports to be certified by the judge, magistrate or other person before whom the evidence was given, or, as the case may be, by whom it was taken, to be the original document containing or recording, or, as the case may be, summarizing, that evidence or a true copy of that document.
(3) A document purporting to have been received in evidence as mentioned in subsection (1)(c), or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or officer of the court in question to have been, or to be a true copy of a document which has been, so received.
(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.
(5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.
15. (1) Where for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Ordinance applies a request is made by or on behalf of that court for the taking in Hong Kong of the evidence of a person residing therein relating to matters specified in the request, the District Court shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as may be prescribed. Evidence taken in compliance with such a request shall be sent in the prescribed manner by the Registrar to the court in the reciprocating country by or on behalf of which the request was made.
(2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before the District
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