1988 Ed.]
The Rules of the Supreme Court
[CAP. 4
A 415
[Subsidiary]
AND WHEREAS it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the following persons should be examined as witnesses upon oath touching such matters, namely
of
and
of
witnesses are resident within your jurisdiction.
and it appears that such
Now I
the Registrar of the Supreme Court of Justice in Hong Kong hereby request that for the reasons aforesaid and for the assistance of the said Court you will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined viva voce (or upon the interrogatories which accompany this letter of request) touching the said matters in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given, attend the examination.
And I further request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to examine (upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and the other party to cross-examine the said witnesses (upon cross-interrogatories and viva voce) and the party producing the witness for examination to re-examine him viva voce.
And I further request that you will be pleased to cause the evidence of the said witnesses (or the answers of the said witnesses and all additional viva voce questions, whether on examination, cross-examination or re-examination) to be reduced into writing and all books, letters, papers and documents produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with (the interrogatories and cross-interrogatories and) a note of the charges and expenses payable in respect of the execution of this request through the British Consul from whom the same was received (or one of Her Majesty's Secretaries of State) for transmission to the Supreme Court of Justice, Hong Kong.
********
And I further request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place.
Dated the
day of
No. 36
19........
of
at
Summons for appointment of examiner to take evidence
of witness out of jurisdiction
(O.39 r. 2)
(Heading as in cause or matter)
Let all parties (as in No. 31) on the hearing of an application on the part for an order that (the British Consul in (name of country) or his deputy) (..
Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of witnesses on in (name of country)
behalf of the
and at
•
on the usual terms and that the costs of and incidental to this application and the said examination be costs in the cause.
Dated, etc. (conclude as in No. 31).
Page 415F