118
RESTRICTED.
File No.3905/46.
Colonial Secretariat,
Hong Kong.
16th April, 1948.
SECRETARIAT ADMINISTRATIVE CIRCULAR NO.19.
Amendment to General Orders Giving of Expert
Evidence in Court by Public Servants.
General Order 45 is cancelled and the following substituted in lieu;
-
45. A public officer shall not, except as provided hereunder, give expert evidence in Court other than as a witness for the Crown:
(1) An officer who receives a request that
he give voluntarily technical advice or evidence in Court of a technical nature, regarding which, by virtue of his qualifications and appointment, he is to be regarded as an expert, shall not comply unless he has first sought and obtained the permission of the Governor so to do.
(2) An officer who receives a subpoena to
give technical advice or evidence in Court of a technical nature shall report the fact at once in writing to the Colonial Secretary through the Head of his Department. The subpoena must of course be obeyed.
(3)
All fees received by an officer in respect of technical advice or evidence which he gives in Court as an expert are due to the Crown and the officer will not as
a general rule be permitted to retain any part of them.
By Command,
To:
Heads of Departments.
D. M. MacDOUGALL,
Colonial Secretary.