A 266
[Subsidiary]
App. A. Form 63. (Cap. 319.)
App. A. Form 10.
CAP. 41 The Rules of the Supreme Court Order 71 [1988 Ed.
Claim to privilege (O. 70, r. 6)
6. (1) The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 77(1)(b) of the Ordinance is not supported or conceded as mentioned in subsection (2) of that section.
(2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so, the Court may do so, on the ex parte application of the person who obtained the order under section 76.
(3) If such evidence is taken---
(a) it must be contained in a document separate from the remainder of the deposition of the witness;
(b) the examiner shall send to the Registrar with the deposition a statement signed by the examiner setting out the claim and the ground on which it was made;
(c) on receipt of the statement the Registrar shall, notwithstanding anything in rule 5, retain the document containing the part of the witness's evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;
(d) if the claim is rejected by the foreign court or tribunal, the Registrar shall send to that court or tribunal the document containing that part of the witness's evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 76 of the court or tribunal's determination.
ORDER 71
RECIPROCAL ENFORCEMENT OF JUDGMENTS
Application for registration (O. 71, r. 2)
2. (1) An application under section 4 of the Foreign Judgments (Reciprocal Enforcement) Ordinance, (in this Order referred to as "the Ordinance") in respect of a judgment to which the Ordinance applies to have the judgment registered in the Court may be made ex parte, but the Court may direct a summons to be issued.
(2) If the Court directs a summons to be issued, the summons shall be an originating summons.
(3) An originating summons under this rule shall be in Form No. 10 in Appendix A.
Evidence in support of application (O. 71, r. 3)
3. (1) An application for registration must be supported by an affidavit-