A.
matters referred.
Remitting of
230. The Court shall have power at any time, and from time to time, to remit the matters referred, or any of them, to the reconsideration and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seems just.
Irregularity.
Language.
Form.
Contents.
Erasures.
240. The Court shall not refrain from carrying an award into effect merely on the ground of irregularity in the submission, or during the reference, where such irregularity has not been substantially prejudicial to the party applying against the award.
AFFIDAVIT AND OTHER EVIDENCE. Affidavits.
241. Every affidavit used in the Court must be either in English, or in the usual and familiar language of the witness swearing it.
An affidavit in any language other than English, must be accompanied by a sworn translation into English, procured by and at the expense of the person using the affidavit.
242. Every affidavit, sworn before any British Judicial or Consular officer in China or Japan in the matter of any suit or other proceeding in the Court must be headed in the Court and in the suit or proceeding in which the affidavit is to be used.
It must state the full name, trade or profession, address and nationality of the witness.
It may be in the first or in the third person, and may be divided into convenient paragraphs numbered consecutively.
243. Every affidavit used in the Court must contain only a statement of facts and circumstances, to which the witness swears, either on his own personal knowledge, or from information which he believes to be true.
It must not contain any extraneous matter, by way of objection, prayer, or legal argument or conclusion; and every statement must be as brief and positive as may be consistent with proper fullness and with truth.
The matter of fact sworn to, whether in affirmation or denial, if within the knowledge of the witness, must be sworn to positively and certainly.
Where a witness swears to his belief in any matter of fact, such belief arising from any source other than his own personal knowledge, he must set forth explicitly the facts and circumstances forming the ground of his belief.
Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person must be stated, and such particulars must be given as to the informant, and as to the time, place, and circumstances of the information, as may afford means to other parties to verify or contradict the same.
244. Any erasure, interlineation, or alteration, made before the affidavit is sworn, shall be attested by the officer, before whom it is sworn who shall affix his signature or initials in the margin immediately opposite to the erasure, interlineation, or alteration.
Where there are many erasures, interlineations, or alterations so that the affidavit proposed to be sworn is illegible, or difficult to read, or is in the judgment of the officer before whom it is proposed to be sworn so written as to give any facility for being added to or in any way fraudulently altered, he may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear and legible and unobjectionable manner.
245. An affidavit sworn before any British Judicial or Consular officer, authorized to take affidavits, before any Judge, or other person in the United Kingdom or in any British colony or possession, authorized to take affidavits, before any Mayor or other Magistrate in any foreign country authorized to administer an oath, or in the case of a foreigner in China or Japan before his own proper Consular or other authority,—may be used in the Court, in all cases where affidavits are admissible.
246. An affidavit may be used, notwithstanding it is defective in form according to this Ordinance, if the Court is satisfied that it has been sworn before a person duly authorized, and that its form is in accordance with the law and custom of the place where it is sworn.
247. An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered or before his attorney, or before a partner or clerk of his attorney.
248. A defective or erroneous affidavit may be amended and re-sworn, by special leave of the Court, on such terms as to time, costs, and other things, as seem just.
Where an affidavit used in the Court is not in accordance with this Ordinance, the Court may make such order respecting the costs of or connected with the affidavit as seems just.
249. Before an affidavit is used in the Court, the original affidavit must be filed in the Court; and the original or an office copy thereof (that is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either made under the ...)
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