Tribunal.
Preliminary 17. If it appears to the Tribunal at any time before the hear hearing at instance of ing that it will be to the advantage of the parties that a preliminary hearing should be held for the purpose of determining the mode of conducting the hearing, fixing or altering the place of hearing, considering whether one or more claims referred to the Tribunal shall be heard concurrently, ascertaining any question of law which the Tribunal may or may be required to state in the form of a special case for the opinion of the Supreme Court pursuant to the provisions of regulation 9 of the regulations, or for any other purpose whatsoever, the Tribunal shall have power to hold such hearing upon giving notice thereof to the parties and may at such hearing make such order as the Tribunal shall in all the circum- stances think fi:
Manner of
giving
evidence.
Affidavit evidence.
Power to receive in- admissible evidence.
Provided that no preliminary hearing shall be ordered pursuant to the provisions of this rule unless and until any party affected by any proposed preliminary hearing shall have been notified of the proposal and shall have been given an opportunity of objecting to the same,
18. The Tribunal shall have power to examine persons upon oath or otherwise.
19. Where either the claimant or the Attorney General is desirous of proving certain facts by affidavit in lieu of oral evidence, application shall be made to the Registrar for leave so to do stating those facts which it is desired to prove by affidavit and the Registrar if satisfied that affidavit evidence can properly be adduced may make an order allowing such facts to be proved by affidavit upon such terms as he shall think fit:
Provided that where it appears to the Registrar that either the claimant or the Attorney General reasonably desires the pro- duction of a witness for cross examination and chai such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.
20. The Tribunal shall have power to take into consideration any matter which it may consider relevant to the subject of the inquiry before it notwithstanding that the matter is not admissible in evidence under the law relating to evidence.
7
21. If either party desires to adduce any evidence or to read Notification
of intention any document (including any certificate or statement signed by to adduce any person) before the Tribunal which but for the provisions of inadmissible regulation 11(2) of the regulations would not be admissible in evidence. evidence, such party shall, not later than 14 days before the date of the hearing, give notice in writing to the other party and to the Registrar of his intention so to do, stating the nature of such evidence and specifying the documents which it is desired to read and shall at the request of the other party supply him with copies of such documents. But the Tribunal if satisfied that compliance with the foregoing provisions of this rule was not reasonably practicable in all the circumstances, or that compliance could without undue hardship be dispensed with, may permit any evidence to be adduced or any document to be read at the hearing upon such terms as shall seem just, notwithstanding that the party desirous of adducing or reading the same has not complied with the said provisions.
admit
22. Either party may give to the other party notice in writing Notice to to admit any documents saving all just exceptions and in case documenta. of refusal or neglect to admit after such notice, the cost of proving such documents shall be paid by the party so neglecting or refusing, unless the Tribunal otherwise orders,
23. Either party may give to the other party a notice in Notice to writing to produce at the hearing any document to which reference produce
documents. is made in any pleading or list of documents filed by such other party: and if such notice is not complied with, secondary evidence of the contents of such documents may be given by or on behalf of the party who gave such notice.
admit facto,
24. Either party shall not less than 14 days before the date Notice to of the bearing be entitled to give notice to the other party requir- ing him to make any admissions of fact which such party shall deem to be necessary and if the party to whom such notice is given refuses to admit such facts, the party giving such notice shall be entitled to the costs of proving such facts in evidence before the Tribunal, unless the Tribunal otherwise orders.
25. An order directing any person to attend and give evidence. Orders to or to produce documents shall be in the form contained in the attend and
give evi- Schedule to these rules with such variation as circumstances may dence or
to produce require. Any party desiring such an order shall issue the same documents.